Terms and Conditions of Sale

The La Boutique du Thé website, accessible at www.laboutiqueduthe.com (hereinafter the “Site”), is published and operated by THEDisNice, a single-shareholder simplified joint-stock company (société par actions simplifiée à associé unique) with share capital of 10,000 euros, whose registered office is located at 1 rue Édouard Herriot, 33440 Ambarès-et-Lagrave, registered with the Bordeaux Trade and Companies Register under number 991 514 803, SIRET number 991 514 803 00014, intra-Community VAT number FR39 991 514 803, engaged in the trade of tea and of all articles and accessories related to tea (hereinafter the “Seller”). President: HMS DIS, represented by Mr Michael Schoumaker.

Secondary establishment: 4 rue de la Liberté, 06000 Nice (SIRET 991 514 803 00022, secondary registration of 20 October 2025 with the Nice commercial court registry).

Publication director: Mr Michael Schoumaker. Site host: Cloudflare, Inc., 101 Townsend Street, San Francisco, CA 94107, United States, represented in the European Union by Cloudflare Portugal Unipessoal Lda., Largo Rafael Bordalo Pinheiro 29, 1200-369 Lisbon, Portugal.

The Seller may be contacted at the following details: THEDisNice, 4 rue de la Liberté, 06000 Nice, telephone: 04 93 17 42 81 (standard rate call), email: direction@laboutiqueduthe.fr.

“Customer”: any natural person of legal age acting for purposes outside the scope of their commercial, industrial, craft or professional activity, who places an order on the Site.

“Customer Account”: the Customer's personal account, unique and common to the shops and the Site, created on the Site or in a shop and managed within the Seller's point-of-sale and customer management system; it allows the Customer to place and track orders, and to access the loyalty programme, the “L'École du thé” game and their taste profile. The Customer Account, whether opened in a shop or on the Site, is subject to the same conditions and confers the same rights and obligations.

“Guest Customer”: the Customer who places an Order on the Site without a Customer Account. The Guest Customer does not benefit from the services attached to the Customer Account (order history, “L'École du thé” game, taste profile). Loyalty points are nevertheless credited to them if they provide their telephone number at the time of payment, under the conditions of article 22.

“Product(s)”: the teas, herbal teas, infusions and all accessories and products offered for sale on the Site.

“Order”: any purchase of Products made by the Customer on the Site under the conditions herein.

“T&Cs”: these terms and conditions of sale.

The purpose of these T&Cs is to define the rights and obligations of the parties in connection with the online sale of the Products offered on the Site. They apply, without restriction or reservation, to any Order placed on the Site, including the taking out of a subscription, the specific conditions of which are set out in article 24, and are concluded exclusively in the French language.

The Products are offered for delivery in mainland France and, under the international conditions defined in Article 10, in the French overseas departments and territories, Monaco, Germany, Andorra, Austria, Belgium, Spain, Ireland, Luxembourg, the Netherlands and Switzerland. Other countries are not served at present. Any Order presupposes prior consultation and acceptance of these Terms of Sale; they prevail over any other document.

The T&Cs are made available to the Customer on the Site, where they can be directly consulted and downloaded on a durable medium. Their acceptance, evidenced by a tick box during the Order process, is a condition for validating the Order.

The Seller reserves the right to modify these T&Cs at any time. The T&Cs applicable to an Order are those in force and accepted by the Customer on the date of that Order; each version of the T&Cs is dated. The fact that the Seller does not, at any given time, invoke any of these clauses shall not constitute a waiver of the right to invoke it subsequently.

In accordance with article L.111-1 of the French Consumer Code, the Customer may, prior to their Order, consult on each product page the essential characteristics of the Products: name, composition and list of ingredients, presence of allergens, net weight, preparation and storage advice, origin and, where applicable, best-before date.

The photographs and visuals illustrating the Products are as faithful as possible but have no contractual value; variations in colour or appearance may result in particular from the display settings of the Customer's device or from the natural character of the Products (harvests, vintages). The Customer is invited to refer to the detailed description of each Product.

Product and price offers are valid for as long as they are visible on the Site, while stocks last. In the event of total or partial unavailability of a Product after the Order has been placed, the Seller shall inform the Customer by email as soon as possible; the Order is then, at the Customer's choice, modified, or cancelled and refunded for the unavailable part, no later than fourteen (14) days after payment, without any further compensation.

The Order is placed according to the following process: selection of the Products and addition to the basket; verification of the basket contents; identification via the Customer Account or, at the Customer's choice, placing the Order in guest mode without creating an account; entry of the address and choice of delivery method; choice of payment method; consultation and acceptance of the T&Cs; verification of the Order summary, allowing any errors to be identified and corrected; final confirmation constituting conclusion of the contract, in accordance with articles 1127-1 and 1127-2 of the French Civil Code.

Every delivered Order must reach a minimum amount of twenty (20) euros of Products including VAT, after deduction of any discounts and excluding delivery charges (twenty (20) Swiss francs for an Order delivered in Switzerland); Orders collected in store are not subject to any minimum. This threshold is indicated to the Customer on the Site and verified when the basket is validated.

A confirmation email summarising the Order (Products, prices, delivery) is sent to the Customer without undue delay. The invoice can be downloaded by the Customer from their Customer Account on the Site; for an Order placed in guest mode, it is sent by email to the address provided at the time of the Order.

The Seller reserves the right to refuse or cancel any Order from a Customer for legitimate reasons, in particular in the event of a previous payment dispute, suspected fraud, an order that is abnormal in view of the quantities usually ordered by a consumer, or a delivery address located outside the areas served.

Product prices are stated in euros, all taxes included (including VAT), at the VAT rate applicable on the day of the Order, excluding delivery charges, except for deliveries to Switzerland, which are governed by the last paragraph of this article. Delivery charges are indicated to the Customer before final validation of the Order and summarised in the confirmation email.

For deliveries outside the European Union other than Switzerland, the price displayed and the price charged are the same as for any other destination: the Customer pays the price indicated on the product page, without any surcharge or reduction. Value added tax is not invoiced on these deliveries; the invoice bears the corresponding exemption statement. Where the country of destination applies customs duties, import taxes or other local charges, additional charges should be expected: they are borne exclusively by the recipient, who pays them directly to the competent local authorities upon receipt or customs clearance of the parcel. The Seller has no control over these charges and is unable to foresee their amount; their non-payment by the recipient, resulting in the refusal or return of the parcel, may not be attributed to the Seller.

The applicable price is the one in force on the Site on the day of the Order. Promotional offers and one-off discount codes are valid only during their period of validity. They may not be combined with one another, nor with the loyalty programme discounts provided for in article 22; they may, however, be combined with the quantity discount provided for in this article.

Quantity discounts

A quantity discount is automatically applied to the price of teas, herbal infusions and infusions sold as loose leaf, per pack: 5% on each 500 gram bag and 10% on each 1 kilogram bag, as in the shops. It applies per bag and not to the total ordered of the same item: two 500 gram bags each benefit from the 5% discount, and bags of less than 500 grams do not benefit from it, whatever their quantity. The discount is calculated on the price including VAT of the Product concerned, excluding delivery charges, and appears on the Product page, in the basket and on the Order summary before confirmation. This quantity discount may be combined with promotional offers and discount codes currently valid.

Deliveries to Switzerland

For deliveries to Switzerland, prices are stated in Swiss francs excluding Swiss VAT and excluding customs duties and clearance charges, which are borne by the recipient, as importer of the goods; an estimate is provided before validation of the Order. The minimum Order for delivery to Switzerland is 20 CHF of Products; delivery charges are 9 CHF up to 44,99 CHF of Products and free above that amount. A discount of 10% is applied to the Products amount of any Order reaching 185 CHF delivered to Switzerland, after the quantity discount. The sale constitutes an export outside the European Union: the invoice is issued excluding French VAT (article 262 I of the French General Tax Code). Orders delivered to Switzerland are placed on the Swiss site and paid in Swiss francs; Click & Collect and deliveries outside Switzerland are ordered on the France site, in euros.

Payment is made online, at the time of the Order, via a secure payment service provider. The accepted means of payment are bank card (CB, Visa, Mastercard, American Express), Apple Pay and Google Pay where the Customer's device offers them, as well as payment by Klarna, which, depending on the country and the amount of the Order, offers immediate payment, payment in three (3) interest-free instalments or deferred payment (no fees or interest are charged to the Customer in this respect); the options available to the Customer are presented by Klarna at the time of payment, under the terms specific to that service and subject to acceptance of the application by Klarna. For Switzerland, payment is made in Swiss francs. The exact list of accepted means of payment is presented to the Customer at the time of payment. The Order is recorded only after validation of full payment.

Transactions are secured by encryption (TLS/SSL protocol) and, where applicable, by strong authentication (3-D Secure). The Customer's bank details are neither collected nor stored by the Seller: they are processed directly by the payment provider.

In the event of default of payment, non-payment or rejection, the Seller reserves the right to suspend or cancel the Order concerned as well as any subsequent Order by the Customer until the situation is rectified.

The Products remain the property of the Seller until full payment of the price. This retention of title has no effect on the transfer of risks, governed by article 10 hereof.

10.1 Delivery zones, methods and charges

Orders are delivered within the zones defined in article 2, by Colissimo (La Poste), according to the following methods, timeframes and rates, shown to the Customer before confirmation of the Order:

Free delivery thresholds are assessed on the amount of the Products ordered, after deduction of discounts, excluding delivery charges. “D” refers to the day on which the Order is dispatched, under the conditions of Article 10.2. Parcels left at a pick-up point are held for ten (10) working days before being returned to the Seller. Pick-up point delivery is not offered in Switzerland, Monaco, Andorra or the French overseas departments and territories; Monaco is delivered to the home address at the mainland France rate.

The Customer may also choose, free of charge, to collect their Order in store: in Bordeaux, 19 rue des Remparts, 33000 Bordeaux (tel. 05 56 90 03 03, contact@laboutiqueduthe.fr), or in Nice, 4 rue de la Liberté, 06000 Nice (tel. 04 93 17 42 81, direction@laboutiqueduthe.fr). The Customer is informed by email when their Order is ready for collection; it is held in store for a period of ten (10) working days. If it is not collected within this period, customer service will contact the Customer to agree on what should be done with the Order.

10.2 Timeframes

Orders are prepared and dispatched on the working day following the day they are recorded; Orders placed at the weekend or on a public holiday are processed on the next working day. Indicative transit times by delivery method and zone are set out in the table in article 10.1. In any event, delivery takes place no later than thirty (30) days after the conclusion of the contract, in accordance with article L.216-1 of the French Consumer Code.

10.3 Late delivery

Should the Seller fail to fulfil its delivery obligation on the date or by the expiry of the agreed period, the Customer may, in accordance with article L.216-6 of the French Consumer Code, require the Seller, by registered letter with acknowledgement of receipt or in writing on another durable medium, to make the delivery within a reasonable additional period. If delivery is not made within this new period, the Customer may terminate the contract in the same manner; the Seller shall then refund all sums paid no later than fourteen (14) days following termination.

10.4 Transfer of risks and receipt

In accordance with article L.216-4 of the French Consumer Code, all risk of loss of or damage to the Products passes to the Customer when the Customer, or a third party designated by the Customer other than the carrier proposed by the Seller, takes physical possession of them. It is the Customer's responsibility to check the condition of the parcel on delivery and to make any appropriate reservations with the carrier, then to inform customer service as soon as possible.

10.5 Delivery address

The Customer is solely responsible for the accuracy of the delivery details they provide. If the parcel is returned to the Seller due to an incorrect or incomplete address attributable to the Customer, or if a parcel is not collected from the pick-up point within the allotted time, re-dispatch may be charged to the Customer according to the delivery charges schedule in force.

10.6 Tracking

The Customer is informed of the dispatch of their Order by an email containing the parcel number and a tracking link; this information is also accessible from their Customer Account.

In accordance with articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Products (by the Customer or by a third party designated by the Customer, other than the carrier) to exercise their right of withdrawal, without having to give reasons for their decision. Where the Order concerns several Products delivered separately, the period runs from receipt of the last Product.

In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for: Products liable to deteriorate or expire rapidly; Products unsealed by the Customer after delivery which cannot be returned for reasons of hygiene or health protection; Products made to the Customer's specifications or clearly personalised; Products which, after delivery, have been inseparably mixed with other items.

Consequently, no return is accepted: for teas, herbal infusions and infusions sold loose leaf, as these Products are weighed and packed on request, according to the quantity ordered by the Customer, and cannot, for reasons of foodstuff traceability, hygiene and health protection, be returned to stock or put back on sale once they have left the Seller's storage chain; nor for any Product whose packaging, seal or wrapping has been opened after delivery (opened tea bag, tin, case or gift set), for these same reasons of traceability and hygiene. These exclusions apply solely to the right of withdrawal and have no effect on the legal guarantees provided for in article 12, which remain applicable in particular in the event of a non-conforming or defective Product.

The Customer exercises their right of withdrawal by sending the Seller, before the period expires, the model withdrawal form appended to these terms, or any other unambiguous statement expressing their wish to withdraw, by email to direction@laboutiqueduthe.fr or by post to THEDisNice, La Boutique du Thé, 4 rue de la Liberté, 06000 Nice.

The Customer returns the Products to the Seller, complete, unused, in their intact original packaging, without undue delay and no later than fourteen (14) days after communicating their decision to withdraw, to the following address: THEDisNice, La Boutique du Thé, 4 rue de la Liberté, 06000 Nice. The direct costs of return are borne by the Customer. The Customer may only be held liable for any diminished value of the Products resulting from handling other than that necessary to establish their nature and characteristics.

The Seller refunds the Customer all sums paid, including the initial delivery costs (at the cost of the standard delivery method offered), without undue delay and no later than fourteen (14) days from the date on which it is informed of the decision to withdraw, using the same means of payment as that used for the Order, unless the Customer expressly agrees to another means. The refund may be deferred until the Products have been recovered or until the Customer has supplied proof of dispatch, whichever occurs first.

The model withdrawal form is reproduced in the appendix to these terms and can be downloaded in PDF format.

Independently of the right of withdrawal and of any commercial guarantee, all Products benefit from the legal guarantee of conformity provided for in articles L.217-3 et seq. of the French Consumer Code and from the guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code.

Under the legal guarantee of conformity, the Customer has a period of two (2) years from delivery of the Product in which to act; they may choose between repair and replacement of the Product, subject to the cost conditions provided for in article L.217-12 of the French Consumer Code, and they are exempt from proving the existence of the lack of conformity during the twenty-four (24) months following delivery. Where repair or replacement is not possible, the Customer may obtain a price reduction or the termination of the contract under the legal conditions.

Under the guarantee against hidden defects, the Customer may act within two (2) years of discovering the defect and choose between termination of the sale and a price reduction, in accordance with article 1644 of the French Civil Code.

To invoke these guarantees, the Customer contacts customer service using the details in article 13. The costs of returning a non-conforming or defective Product are borne by the Seller.

For any question, Order tracking or complaint, the Seller's customer service can be reached: by telephone on 04 93 17 42 81 (standard-rate call) from Monday to Saturday, 10:00 am to 7:00 pm; by email at direction@laboutiqueduthe.fr ; by post at THEDisNice, La Boutique du Thé, 4 rue de la Liberté, 06000 Nice. The Seller endeavours to reply to every message within one (1) working day.

Any complaint is dealt with amicably as a priority, under the conditions of article 14 of these terms.

In accordance with the provisions of the French Consumer Code concerning “the consumer dispute mediation process”, after contacting us and in the absence of a satisfactory response, you may have recourse, free of charge, to a consumer mediation procedure with:

CM2C
49 rue de Ponthieu, 75008 Paris
Tel.: 01 89 47 00 14
Website: www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net

The dispute may only be examined by the mediator if the Customer demonstrates that they have first attempted to resolve the dispute directly with the Seller's customer service by means of a written complaint, and if the request is submitted within one year of that complaint.

The Seller is automatically liable to the Customer for the proper performance of the obligations arising from the distance contract, under the conditions of article L.221-15 of the French Consumer Code, unless it proves that the non-performance or improper performance is attributable to the Customer, to the unforeseeable and insurmountable act of a third party unconnected with the provision of the services, or to a case of force majeure.

The Seller cannot be held liable for damage resulting from use or storage of the Products that does not comply with the recommendations on their packaging or product page, nor for interruptions or malfunctions of the Site attributable to a case of force majeure, to the act of a third party or to a maintenance operation. The preparation and tasting advice published on the Site is given for guidance only.

Performance of the Seller's obligations is suspended in the event of a force majeure event within the meaning of article 1218 of the French Civil Code, as interpreted by case law, in particular in the event of natural disaster, fire, flood, armed conflict, epidemic, general strike of transport services or failure of telecommunications networks. The Seller informs the Customer of such an event as soon as possible. If the impediment is permanent or continues beyond thirty (30) days, the contract may be terminated and the Customer refunded the sums paid.

The Site and all its elements (structure, texts, product descriptions, photographs, illustrations, logos, trademarks, videos, databases) are protected by intellectual property law and remain the exclusive property of the Seller or its licensors. Access to the Site grants the Customer a private, personal and non-transferable right of use.

Any reproduction, representation, modification, adaptation, extraction or reuse, in whole or in part, of the Site or of any of its elements, by any means whatsoever, without the prior written authorisation of the Seller, is prohibited and constitutes infringement. In particular, the use of robots, extraction tools or automated data collection tools, the substantial extraction of the content of the Site's databases, and the techniques of “framing” and “in-line linking” are prohibited.

The Seller collects and processes the Customer's personal data necessary for processing Orders, managing the customer relationship and, subject to the Customer's consent where required, for commercial prospecting, as data controller, in accordance with Regulation (EU) 2016/679 (“GDPR”) and amended French Law No. 78-17 of 6 January 1978.

The terms of this processing (purposes, legal bases, retention periods, recipients) and the Customer's rights (access, rectification, erasure, restriction, objection, portability, post-mortem instructions, complaint to the CNIL) are detailed in the Privacy policy available on the Site, which forms an integral part of the information provided to the Customer.

The Site uses cookies and other trackers. Their nature, purpose and lifespan, as well as the procedures for configuring them and withdrawing consent, are described in the Cookie policy available on the Site and via the consent management module displayed on the first visit.

The Site may contain links to third-party sites over which the Seller exercises no control. The Seller cannot be held liable for the content of these sites or for any damage resulting from consulting or using them. Setting up a link to the Site requires the prior written authorisation of the Seller.

21.1 Nature of the game

In the “L'École du thé” tab, the Site offers a free educational game made up of levels and knowledge examinations. Access to the introductory course is open and free of charge, with no obligation to purchase, with or without a Customer Account. However, only the holder of a logged-in Customer Account has their answers, progress and examination results recorded and kept on their account, and only these data are authoritative. Without a Customer Account, neither progress nor examination results are stored: a course completed as a visitor does not allow answers to be kept, nor the passing of an examination to be proven. Only the taste profile, if the visitor chooses to fill it in, remains on their device and is transferred to any Customer Account they subsequently open. Consequently, a visitor who completes the course or takes an examination without being logged in to a Customer Account may not claim any of the benefits provided for in this article, including if they create an account later: only passes obtained while logged in to a Customer Account give entitlement to the benefits. The Site informs the visitor of this before each examination. The benefits are reserved for adult natural persons holding a Customer Account, limited to one course per person. The game constitutes a promotional operation offered free of charge: it constitutes neither a paid lottery nor a separate contract of sale. Members of staff of the Seller, of companies affiliated with it and of the salon de thé des Remparts are excluded from the award of the benefits provided for in this article.

21.2 Benefits offered

Passing certain examinations gives entitlement to the following promotional benefits, under the conditions displayed on the Site at the time of passing: a set of four (4) samples offered with the next Order (maximum value: €4); free shipping on the next online Order, up to a limit of €6 (corresponding to the home delivery rate in metropolitan France); free delivery (within the same limit of €6) and a set of four (4) samples (maximum value: €4) offered on the next Order; and, for the final examination, an exceptional training session lasting approximately 2 hours 30 minutes (indicative value: €85) in one of the shops in Bordeaux or Nice or, if the Customer is unable to travel, a gift in goods sent to them. Using a benefit on an Order requires compliance with the minimum Order amount provided for in article 6.

These benefits are promotional rewards: they have no monetary value, may not give rise to any payment, refund, exchange for cash or equivalent value of any kind whatsoever, and do not constitute an acquired right beyond the conditions of this article. Samples and gifts in goods are chosen by the Seller, subject to available stock; the Seller may substitute a benefit of equivalent value.

21.3 Conditions of use

Each benefit is attached to the Customer Account that passed the corresponding examination, in the form of a personal single-use code. It is strictly personal, non-transferable, non-marketable and may not be transferred to another account nor combined with an identical benefit already acquired: each examination may give rise to only one reward per Customer Account, regardless of the number of times it is taken or replayed. Unless otherwise stated, a benefit may be used on a single Order, within three (3) months of being obtained; it then lapses. The in-shop training session is available by appointment, subject to available places, and must be attended within twelve (12) months of being obtained; it is personal and may be neither assigned nor resold. The benefit is limited to the training session itself, delivered in the shop: no expenses incurred by the Customer to attend are covered or reimbursed by the Seller: travel, accommodation and meal expenses and, more generally, all incidental expenses remain the sole responsibility of the Customer, who may not claim any compensation or consideration in this respect, including in the event of postponement or cancellation of the appointment.

21.4 Fraud and abuse

The following are prohibited in particular: the creation or use of several Customer Accounts by the same person in order to obtain the same benefit several times; the use of robots, scripts or any automated or technical process intended to distort progress in the game, examination results or the award of benefits; the modification of game or Site data; the assignment, sharing, publication or resale of codes or benefits; and any attempt to claim an examination pass not recorded on a Customer Account, in particular by means of screenshots or any other element external to the Seller's systems. The Seller verifies the actual passing of examinations and the regularity of the award of benefits; in the event of a breach, fraud or serious suspicion of fraud, it reserves the right, after informing the Customer, to refuse, suspend or cancel the benefits concerned, to close the Customer's course and, where applicable, to suspend the Customer Account, without prejudice to any damages. A technical malfunction, display error or anomaly that has led to the award of a manifestly undue benefit creates no right in favour of the Customer.

21.5 Modification and termination of the game

The Seller may at any time modify, suspend or terminate the “L'École du thé” game, or revise its levels, examinations and rewards. Benefits duly acquired before the modification or termination remain usable until the end of their period of validity.

21.6 Interaction with Orders

The game benefits have no effect on the right of withdrawal and the legal guarantees attached to Orders. In the event of cancellation or withdrawal relating to the whole of an Order on which a benefit was used, the benefit is re-credited to the Customer Account for its remaining period of validity; Products offered under a benefit must then be returned with the Order.

Le full rules of the “L'École du thé” game are published on the Site.

22.1 Membership

The Seller offers a free loyalty programme, open to any natural person, available in the shops as well as on the Site. Membership is obtained by completing the customer form: surname, first name, address, mobile telephone number and email address. Date of birth is optional: it is requested only for the birthday benefit provided for in article 22.4 and may be entered or modified at any time from the Customer Account. The loyalty account is attached to the Customer Account, which is single and shared between the shops and the Site: whether opened in a shop or online, it is subject to the same conditions and confers the same rights and obligations. It is strictly personal and non-transferable; only one loyalty account may be opened per person.

22.2 Earning points

Each euro spent gives entitlement to one (1) loyalty point: €1 spent = 1 point. Points are earned equally on purchases made in the Bordeaux and Nice shops or on the Site, and are attached to the Customer's loyalty account. Points are calculated on the amount of purchases including VAT, after deduction of discounts, excluding delivery charges. Points have no expiry date. In the event of a full or partial refund of an Order or purchase, in particular following the exercise of the right of withdrawal, the Seller may remove from the balance the points earned on the refunded amount.

22.3 Using points

When the balance reaches two hundred (200) points, the Customer receives a discount of fifteen per cent (15%) on their next order or purchase, usable equally in a shop or on the Site. Using the discount results in the deduction of two hundred (200) points from the loyalty account balance. This discount may be combined with the quantity discounts provided for in article 7; however, it may not be combined, on the same purchase or the same Order, with the birthday discount provided for in article 22.4, nor with one-off discount codes and promotional offers. An Order or purchase paid with this discount does not earn any loyalty points: the discount takes their place.

On the Site, the discount is offered to the Customer logged in to their Customer Account, at the time of the Order, once the balance of their loyalty account reaches two hundred (200) points; the Customer chooses whether or not to apply it. It applies to the price inclusive of all taxes of each Product, after deduction of quantity discounts, excluding delivery charges, and its amount appears on the Order summary before payment. The two hundred (200) points are reserved during payment and are only deducted from the balance once the Order has been paid; in the event of refusal, failure or abandonment of payment, they are returned to the loyalty account. In the event of cancellation or withdrawal covering the entirety of an Order on which the discount was used, the two hundred (200) points are re-credited to the loyalty account.

22.4 Birthday benefit

Customers enrolled in the loyalty programme benefit from an exceptional discount of fifteen per cent (15%) on the occasion of their birthday, provided that their date of birth has been entered in their customer record. The Customer is informed of this by an email sent to them one (1) week before their birthday, containing a personal discount code; the discount applies to a purchase made in the Bordeaux or Nice shops, on presentation of this code, during the period of validity stated in that email. The birthday discount may be combined with the quantity discounts provided for in Article 7; it may not be combined, on the same purchase, with the loyalty discount provided for in Article 22.3, nor with one-off discount codes and promotional offers, and the Customer chooses the discount they wish to apply.

22.5 Points awarded for reviews

A Customer who posts on the Site a review of a Product they have purchased, on the Site or in a shop, is awarded ten (10) loyalty points per review. The points are credited after the review has been moderated by the Seller; their award depends neither on the rating given nor on the content, favourable or unfavourable, of the review. Only one review per Product and per Customer gives entitlement to points, and these are credited only once, even if the review is subsequently modified. Points awarded for reviews are capped at one hundred (100) points per Customer per calendar month. Members of the Seller's staff are not eligible.

Moderation verifies that the review relates to the Product and complies with the law; a review is never rejected solely on the grounds that it is unfavourable. A rejected review gives no entitlement to points. In the event of a fraudulent review, or of a refund of the Order or purchase to which it relates, the Seller may withdraw the corresponding points. The Site states, alongside the reviews, that they come from verified buyers and that posting them gives entitlement to loyalty points.

22.6 Common provisions

The points and discounts of the loyalty programme have no monetary value: they may not be exchanged for cash, refunded, transferred or resold. In the event of fraud, in particular the creation of multiple accounts or the artificial acquisition of points, Article 21.4 applies under the same conditions. The Customer may unsubscribe at any time by contacting customer service; unsubscribing entails the loss of the points balance. The Seller may modify or discontinue the programme subject to informing members in advance within a reasonable period; discounts acquired before the modification remain usable.

23.1 Issue

The Seller offers gift cards for a freely chosen amount between twenty-five (25) and seven hundred and fifty (750) euros. Four cards with predefined amounts are also offered: €25, €50, €75 and €100. Gift cards are offered exclusively in digital form (e-gift card), sent by email after payment has been validated. The gift card may be transferred free of charge; it may neither be resold nor used to purchase another gift card.

23.2 Validity

The gift card is active from the day following its sale and is valid for twelve (12) months. Its balance can be checked online at any time at the following address: app.squareup.com/gift/MLNZ6Q0S2MDZ6/check-balance. It can neither be topped up nor extended; on expiry of its period of validity, any remaining balance is permanently lost and can be neither refunded nor exchanged.

23.3 Use

The gift card may be used equally in the Bordeaux and Nice shops and on the Site, in one or several transactions, until its balance is exhausted and within its period of validity. Only one gift card may be used per online Order. If the purchase amount exceeds the card balance, the difference is paid by any other accepted means of payment; if the balance exceeds the purchase amount, the remainder remains usable under the conditions of this Article. The gift card does not give rise to any change being given or to any conversion into cash.

23.4 Returns, withdrawal, loss

In the event of the return of a Product paid for in whole or in part by means of a gift card, the corresponding refund is made exclusively by re-crediting the card. In accordance with Article 11, the purchaser of a gift card bought on the Site has a withdrawal period of fourteen (14) days from the purchase, provided that the card has not been used, even partially; the refund is then made via the original means of payment. In the event of loss, theft or destruction, the gift card is neither refunded nor replaced.

24.1 Offers

The Seller offers on the Site fixed-term subscriptions, payable month by month: “Le Voyageur”, a monthly chest of Mariage Frères teas along the Route Nature or the Route des Parfums, for ten (10) deliveries, or along both routes in succession, for twenty (20) deliveries; “Les Douze Lunes”, a monthly basket of six Ombelle herbal infusions, for twelve (12) deliveries. The contents of each delivery are presented on the subscription page. This Article supplements the other provisions of the GTCS, which apply to subscriptions in all matters it does not provide for.

24.2 Price and payment

The price of each delivery, in euros inclusive of all taxes, is displayed on the subscription page before subscribing; it may vary from one month to the next depending on the contents of the delivery. Delivery is free. The Customer registers a bank card when subscribing and authorises the Seller to debit it, on the day of each delivery, with the price of that month's delivery. A refused first payment cancels the subscription. If a subsequent payment is refused, the Seller informs the Customer and may suspend the delivery until payment is regularised, then, failing regularisation within thirty (30) days, terminate the subscription.

24.3 Deliveries

Shipments leave the Nice shop on the 24th of each month, for home delivery in mainland France or in Switzerland, to the address given at the time of subscription. A subscription registered before the 24th gives rise to a first shipment on the 24th of the current month; from the 24th inclusive, the first shipment takes place on the 24th of the following month. The first direct debit takes place on the day of the first shipment. If a planned Product becomes unavailable, the Seller may replace it with a Product of at least equivalent quality and price, indicating this in the shipment; a Client who does not want it may return it under the conditions of article 11 and obtain a refund.

24.4 Duration

The subscription ends automatically after the last delivery provided for by the offer subscribed to. It is not renewed and gives rise to no further payment beyond that.

24.5 Pause and cancellation

The Customer may, at any time and free of charge, from their Customer Account (My Space, “My subscriptions”): pause their subscription, the pause taking effect at the end of the month already paid, with no payment taken and no delivery made during the pause, until the Customer resumes the subscription; or cancel their subscription, the cancellation taking effect at the end of the month already paid, with no subsequent payment or delivery. A month already debited remains due and its delivery is dispatched. The Customer may also request cancellation from customer service (Article 13).

24.6 Gifted subscription

The Customer may give a subscription as a gift: they remain its holder and sole payer, and alone exercise the rights provided for in this Article; the deliveries are sent to the recipient they designate.

24.7 Right of withdrawal

In accordance with Article L.221-18 of the French Consumer Code, the withdrawal period of fourteen (14) days runs, for a subscription, from receipt of the first delivery. It is exercised in accordance with the procedures and subject to the exclusions of Article 11; withdrawal terminates the subscription, without any further payment.

These General Terms and Conditions of Sale and the transactions arising from them are governed by French law, without prejudice to any more protective mandatory provisions that may apply under the law of the consumer's country of habitual residence within the European Union. They are drafted in the French language; in the event of translation, only the French version shall be authoritative.

Failing an amicable resolution or successful mediation, any dispute relating to the validity, interpretation or performance of these terms shall be brought before the competent courts under the conditions of ordinary law. The consumer may refer the matter, at their choice, to one of the courts having territorial jurisdiction under the Code of Civil Procedure or to the court of the place where they resided at the time the contract was concluded or the harmful event occurred (art. R.631-3 of the Consumer Code).

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of THEDisNice, La Boutique du Thé, 4 rue de la Liberté, 06000 Nice, direction@laboutiqueduthe.fr :

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods:

• Ordered on (*) / received on (*): ………………
• Order number: ………………
• Name of consumer(s): ………………
• Address of consumer(s): ………………
• Signature of consumer(s) (only if this form is notified on paper): ………………
• Date: ………………

(*) Delete as appropriate.

Download the model withdrawal form (PDF)