Preambule

These General Terms and Conditions apply to all sales concluded on the website www.ascensiontea.fr.

The website is a service of:
The Ascension Society
66bis Rue des Courcieux, Apartment 18 78570 Andresy, France
N° SIRET: 89232681000017
N° TVA: FR50892326810
URL address of the site: www.ascensiontea.fr
e-mail : france.ascension@gmail.com
telephone number : 0986783870
The website www.ascensiontea.fr markets the following products: Teas, infusions and other gastronomic products, medicinal and aromatic plants, various products dart table.
The customer declares that he has read and accepted the general terms and conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general terms and conditions of sale.

Article 1 – Principles

These terms and conditions express the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are available on the website www.ascensiontea.fr and will prevail, if necessary, over any other version or other contradictory document.
Seller and Buyer agree that these Terms and Conditions shall exclusively govern their relationship. The seller reserves the right to change its general conditions from time to time. They will be applicable as soon as they are posted online.
If a condition of sale were to fail, it would be considered to be governed by the practices in force in the distance selling sector of which the companies have their registered office in France.
These general terms and conditions of sale are valid until 30 June 2031.

Article 2 – Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.ascensiontea.fr.
These conditions only apply to purchases made on the website of www.ascensiontea.fr and delivered exclusively in mainland France or in Corsica. All deliveries to the DOM-TOM or abroad should be sent to the following e-mail address: france.ascension@gmail.com.
These purchases concern the following products: Teas, infusions and other gastronomic products, medicinal and aromatic plants, various products of art of the table.

Article 3 – Pre-contractual information

Prior to placing an order and concluding the contract, the buyer acknowledges having been informed, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221-5 of the Consumer Code.

The following information shall be transmitted to the buyer in a clear and understandable manner:
– the essential characteristics of the property;
– the price of the good and/or the method of calculating the price;
– where applicable, any additional costs of transport, delivery or postage and any other charges that may be payable;
– in the absence of immediate performance of the contract, the date or time within which the seller undertakes to deliver the good, whatever its price;
information on the identity of the seller, his postal, telephone and electronic contact details and his activities, those relating to legal guarantees, the functionalities of digital content and, where appropriate, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

Article 4 – The order

The buyer has the possibility to place his order online, from the online catalogue and by means of the form which appears there, for any product, within the limit of the stocks available.
The buyer will be informed of any unavailability of the product or the ordered property.
In order for the order to be validated, the buyer must accept, by clicking on the indicated place, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the method of payment.
The sale will be considered final:
– after sending to the buyer the confirmation of acceptance of the order by the seller by e-mail;
– and after receipt by the seller of the entire price.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
n certain cases, such as default of payment, incorrect address or other problem on the account of the buyer, the seller reserves the right to block the buyer’s order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can call the following telephone number: (cost of a local call), on the following days and times: Monday to Friday, from 9am to 5pm, or send an email to the seller at the following e-mail address: france.ascension@gmail.com.

Article 5 – Electronic signature

The online supply of the buyer’s credit card number and the final validation of the order will be proof of the buyer’s agreement:
– payment of sums due under the purchase order;
– Signature and express acceptance of all transactions performed.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is confirmed, to contact the seller at the following telephone number: (+33) 09 86 78 38 70.

Article 6 – Order confirmation

The seller shall provide the buyer with an order confirmation by electronic mail.

Article 7 – Proof of the transaction

The computerized records, kept in the computer systems of the seller under reasonable security conditions, shall be considered as evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Article 8 – Product information

The products covered by these terms and conditions are those that appear on the seller’s website and are indicated as sold and shipped by the seller. They are proposed within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the seller could not be held liable.
Photographs of the products are not contractual.

Article 9 – Price

The seller reserves the right to change its prices at any time but agrees to apply the rates in force indicated at the time of the order, subject to availability on this date.
Prices are indicated in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products of the online shop.
If one or more taxes or contributions, in particular environmental ones, were to be created or modified, both upwards and downwards, this change may be reflected in the selling price of the products.

Article 10 – Method of payment

This is an order with an obligation to pay, which means that the placing of the order implies payment by the buyer.
To pay for the order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller’s website. The buyer guarantees to the seller that he has the permissions possibly necessary to use the method of payment chosen by him, during the validation of the purchase order. The seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by credit card on the part of officially accredited bodies or in case of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not fully or partially settled a previous order or with which a payment dispute would be under administration.
Payment of the price is made in full on the day of the order, according to the following terms:
– credit card
– paypal

Article 11 – Availability of products – Refund – Resolution

Except in case of force majeure or during the closing periods of the online store which will be clearly announced on the homepage of the site, the shipping times will be, within the limit of the stocks available, those indicated below. The shipping times run from the date of registration of the order indicated on the email confirming the order.
For deliveries in Metropolitan France and Corsica, the time limit is 5 days from the day following that when the buyer placed his order, according to the following modalities: colissimo. No later than 30 working days after the conclusion of the contract.
For deliveries to the DOM-TOM or another country, the terms of delivery will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or time, the buyer shall, before breaking the contract, instruct the seller to perform the contract within a reasonable additional period.
Failure to perform at the expiry of this new period, the buyer may freely terminate the contract.
The buyer must carry out these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract shall be deemed to have been terminated upon receipt by the seller of the letter or written informing him of this resolution, unless the trader has executed himself in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or periods referred to above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the option of requesting either a refund of the amounts paid within 14 days at the latest of their payment, or the exchange of the product.

Article 12 – Terms of delivery

Delivery is the transfer to the consumer of physical possession or control of the property. The products ordered are delivered according to the terms and time specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be redirected at the buyer’s expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the purchase order.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will allow to collect the parcel at the place and time indicated.
If at the time of delivery the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (parcel refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged parcel, broken products…).
Such verification shall be deemed to have been carried out when the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm by registered mail these reservations to the carrier at the latest within two working days following receipt of the article or articles and send a copy of this letter by fax or simple mail to the seller at the address indicated in the mentions legal of the site.
If the products require a return to the seller, a return request must be made to the seller within 14 days of delivery. Any claim made outside this period cannot be accepted. The return of the product can be accepted only for the products in their original state (packaging, accessories, instructions…).

Article 13 – Delivery errors

The buyer must lodge with the seller on the same day of delivery or at the latest on the first working day following the delivery, any claim of error of delivery and/or not-conformity of the products in kind or quality with the particulars given on the order form. Any claim made after this period will be rejected.
The claim may be made, at the choice of the buyer:
– by telephone at the following number: 0986783870;
– by e-mail to: contact@ascensiontea.fr.
Any claim not made in the rules defined above and within the time limits specified cannot be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number of the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product may only take place after the exchange number has been assigned.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo Recommended, at the following address: Ascension, 5 Rue du chant des oiseaux, Immeuble sis, 78360 Montesson.
The return costs are the responsibility of the buyer.

Article 14 – Product Warranty

14-1 Legal Guarantee of Compliance
The seller is the guarantor of the conformity of the property sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
– the buyer has a period of 2 years from the delivery of the property to act;
– the buyer may choose between repairing or replacing the property, subject to the cost conditions laid down in Article L. 217-17 of the French Consumer Code;
– The buyer does not have to prove the non-compliance of the property during the 24 months in case of new goods (6 months in case of second-hand goods), following the delivery of the property.

14-2 Legal guarantee of hidden defects
In accordance with Articles 1641 et seq. of the Civil Code, the seller is the guarantor of hidden defects that may affect the property sold. It shall be for the buyer to prove that the defects existed at the sale of the property and are such as to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years of the discovery of the defect.
The buyer may choose between the resolution of the sale or a price reduction in accordance with Article 1644 of the Civil Code.

Article 15 – Right of withdrawal

Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any article that does not suit him and to request the exchange or the refund without penalty, with the exception of return costs, which remain the responsibility of the buyer.
Returns are to be made in their original state and complete (packaging, accessories, instructions…) allowing them to be recommercialized in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not included.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other form of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased shall be refunded and the delivery costs shall be refunded.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or the refund will be made within a period of , and at the latest, within 14 days from the receipt, by the seller, of the products returned by the buyer under the conditions provided above.

Exceptions
According to Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts:- supply of goods the price of which depends on fluctuations on the financial market which are beyond the control of the trader and which may occur during the withdrawal period;
– the supply of goods liable to deteriorate or perish rapidly;
– the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;- the supply of goods which, after having been delivered and by their nature, are indissociably mixed with other articles; – the supply of alcoholic beverages, the delivery of which is deferred to:over 30 days and the value of which agreed at the conclusion of the contract depends on market fluctuations beyond the control of the trader; – maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to meet the emergency; – provision of audio or video recordings or computer software when unsealed by the consumer after delivery; – provision of a newspaper, of a periodical or magazine, except for subscription contracts to such publications;- the provision of digital content not supplied on a material medium, the performance of which has begun after the prior express consent of the consumer and the express renunciation of his right of withdrawal.

Article 16 – Force majeure

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party relying on the above circumstances must immediately notify the other party of their occurrence and disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the parties, despite all reasonably possible efforts, shall be considered as cases of force majeure. In an express manner, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of the courts and French courts: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will work together to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.

Article 17 – Intellectual property

The content of the website remains the property of the seller, the sole owner of the intellectual property rights to this content.
The purchasers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an infringement offence.

Article 18 – Data processing and freedoms

The personal data provided by the buyer are necessary for the processing of his order and the drawing up of invoices.
They may be communicated to the partners of the seller responsible for the execution, processing, management and payment of orders.
The processing of the information communicated via the website www.ascensiontea.fr has been the subject of a declaration to the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition with regard to the information concerning him. This right may be exercised under the terms and conditions defined on the website www.ascensiontea.fr.

Article 19 – Partial non validation

If one or more stipulations of these General Conditions are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.

Article 20 – Non-renunciation

The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 21 – Title

In case of difficulty of interpretation between any of the titles appearing at the top of the clauses, and any of the clauses, the titles shall be declared non-existent.

Article 22 – Language of the contract

These general conditions of sale are written in French. Where they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 23 – Mediation and Dispute Resolution

The buyer may resort to conventional mediation, in particular with the Commission de la médiation de la consommation or with existing sectoral mediation bodies, or to any alternative method of dispute settlement (conciliation, for example) in the event of a dispute. The names, contact details and e-mail address of the mediator are available on our website.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. The platform can be accessed at: https://webgate.ec.europa.eu/odr/.

Article 24 – Applicable law

These General Conditions are subject to the application of French law. The competent court is the court.
This is the case for both substantive and formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

Article 25 – Protection of personal data

Data collected
The personal data collected on this site are the following:
– account opening: when creating the user’s account, its
– connection: when the user connects to the website, he or she records, in particular, his or her surname, first name, connection, use, location and payment data;
– profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number;
– payment: as part of the payment of the products and services offered on the website, the website records financial data relating to the user’s bank account or credit card;
– communication: when the website is used to communicate with other members, the data concerning the user’s communications are temporarily retained;
– cookies: cookies are used in the context of the use of the website. The user has the option to disable cookies from his browser settings.

Use of personal data
The purpose of the personal data collected from users is to provide the website’s services, improve them and maintain a secure environment. Specifically, the uses are as follows:
– user access and use of the website;
– management of the operation and optimization of the website;
– organization of the terms and conditions for using the Payment Services;
– verification, identification and authentication of data transmitted by the user;
– offer the user the possibility of communicating with other users of the website;
– implementation of user support;
– customizing services by displaying ads based on the user’s browsing history, according to their preferences;
– preventing and detecting fraud, malware (malicious software or malware) and managing security incidents;
– management of any disputes with users;
– sending commercial and advertising information, according to user preferences. Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
– when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has concluded contracts;
– when the user publishes publicly available information in the open comment areas of the website;
– when the user authorises the website of a third party to access his data;
– when the website uses service providers to provide user assistance, advertising and payment services. These service providers have limited access to the user’s data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the website may transmit data in response to claims against the website and comply with administrative and judicial procedures;
– if the website is involved in a merger, acquisition, transfer of assets or legal redress procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, the users would be informed, before the personal data is transferred to a third party. Security and Confidentiality

The website implements organisational, technical, software and physical measures relating to digital security to protect personal data against unauthorised alterations, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of user rights

Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by making their request to the following address: france.ascension@gmail.com.
the right of access: they can exercise their right of access, to know their personal data. In this case, before the implementation of this right, the website may request proof of the identity of the user in order to verify its accuracy.
the right to rectification: if the personal data held by the website are inaccurate, they may request the updating of the information.
the right to delete data: users may request the deletion of their personal data in accordance with applicable data protection laws.
the right to limitation of processing: users may request the website to limit the processing of personal data in accordance with the assumptions set out in the GDPR.
the right to object to the processing of data: users may object to the processing of their data in accordance with the assumptions set out in the GDPR.
the right to portability: they can claim that the website gives them the personal data provided to them in order to transmit them to a new website.
Development of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option to delete his account.

Annex :

Withdrawal form
(to be completed by the consumer,
and to be sent by recompensed letter with acknowledgement of receipt,
within the maximum period of 14 days following the date of conclusion of the service contract)

Annex :

Consumer Code

Article L. 217-4: “The seller delivers goods in accordance with the contract and is liable for defects of conformity existing at the time of delivery.
It shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.”

Article L. 217-5: “The property complies with the contract:
1) If it is suitable for the customary use of a similar good and, if applicable:
– it corresponds to the description given by the seller and has the qualities which he has presented to the buyer in the form of a sample or model;
– if it presents the qualities which a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.”

Article L. 217-6: “The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not able to know them”.

Article L. 217-7: “Defects of conformity which appear within a period of twenty-four months from the delivery of the property shall be presumed to exist at the time of delivery, unless proven otherwise. The seller may overcome this presumption if it is not compatible with the nature of the good or the alleged lack of conformity.”

Article L. 217-8: “The buyer is entitled to demand compliance with the contract. However, he cannot challenge compliance on the basis of a defect that he knew or could not ignore when he contracted. The same is true when the defect originates in the materials he has supplied himself.”

Article L. 217-9: “In the event of non-conformity, the buyer chooses between the repair and the replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer.”

Article L. 217-10: “If the repair and replacement of the property is impossible, the buyer may return the property and have the price returned or keep the property and have a part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon pursuant to article L. 217-9 cannot be implemented within one month following the complaint of the buyer; 2° Or if this solution cannot be implemented without major inconvenience for the buyergiven the nature of the property and the use it seeks. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.”

Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost to the buyer. The same provisions shall not prevent the award of damages.

Article L. 217-12: “The action resulting from the lack of conformity is prescribed after two years from the issue of the property.”

Article L. 217-13: “the provisions of this Section shall not deprive the buyer of the right to exercise the action resulting from disadvantageous defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized to him by the law.”

Article L. 217-14: “A recursive action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.

Article L. 217-15: “The commercial guarantee means any contractual commitment by a professional to the consumer for the reimbursement of the purchase price, replacement or repair of the good or the provision of any other service in relation to the good, in addition to its legal obligations to ensure the conformity of the property. The commercial guarantee shall be the subject of a written contract, a copy of which shall be delivered to the buyer. The contract shall specify the content of the guarantee, the terms of its implementation, its price, duration, territorial extent and the name and address of the guarantor. Furthermore, it states clearly and precisely that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity referred to in articles L. 217-4 to L. 217-12 and by the guarantee relating to defects in the thing sold, under the conditions laid down in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract. If these provisions are not complied with, the warranty remains valid. The buyer is entitled to claim it. »

Article L. 217-16: “When the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, a restoration covered by the guarantee, any fixed period of at least seven days is in addition to the remaining term of the warranty.
This period shall run from the date on which the buyer applies for assistance or the date on which the property in question is made available for repair, if such assistance is made available after the date on which the request for assistance was made.”

Civil code

Article 1641: “The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use, that the buyer would not have acquired it, or would have given a lower price, had he known it.”

Article 1648: “An action resulting from false defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be discharged of defects or apparent defects of conformity». Dans le cas prévu par l’article 1642-1, l’action doit être introduite, à peine de forclusion, dans l’année qui suit la date à laquelle le vendeur peut être déchargé des vices ou des défauts de conformité» apparents.