TEA DRUNK MONKEYS

GENERAL TERMS AND CONDITIONS OF SALE


PREAMBLE

These General Terms and Conditions of Sale (hereinafter "GTC") govern all sales concluded between Tea Drunk Monkeys, a simplified joint-stock company (SAS) with a capital of 10,500 euros, registered with the Paris Trade and Companies Register (RCS) under SIRET number 10443455000018, with its registered office in Paris (hereinafter "the Seller"), and any buyer, consumer or professional, placing an order on the website teadrunkmonkeys.com (hereinafter "the Client").


Any order placed on the site implies full and unreserved acceptance of these GTC. The Seller reserves the right to modify them at any time; the applicable GTC are those in force at the time the order is placed.


ARTICLE 1 – PRODUCTS

Tea Drunk Monkeys sells teas, infusions and derivative products (hereinafter "the Products"). The descriptions, origins and characteristics of the Products are presented on the website with the greatest possible accuracy. The photographs illustrating the products are indicative but not contractual.


Products are food items. It is the Client's responsibility to check for any allergies or medical contraindications before consumption. The Seller cannot be held responsible for any individual or medical reaction related to the consumption of its Products.


ARTICLE 2 – PRICES

The prices displayed on the site are indicated in euros (€) all taxes included (TTC), at the French VAT rate in force, and excluding delivery costs. Tea Drunk Monkeys reserves the right to modify its prices at any time. The applicable price is the one in force at the time the order is validated by the Client.


    1. Obvious pricing errors

In the event of an obvious pricing error (ridiculous price resulting from a computer bug, input error, or technical problem), Tea Drunk Monkeys reserves the right to cancel the order, even if it has been automatically confirmed. The Client will be immediately informed and fully reimbursed.

    1. Promotions

Promotional offers and discount codes are valid while stocks last and for the specified duration. Unless otherwise stated, they cannot be combined.


ARTICLE 3 – ORDER

To finalize an order, the Customer must follow these steps:

  1. Select the Products and add them to the cart;

  2. Check and validate the contents of the cart;

  3. Enter identity, delivery, and billing information;

  4. Choose the delivery method and review shipping costs;

  5. Read and expressly accept these General Terms and Conditions of Sale by checking the box provided for this purpose;

  6. Validate the payment (final confirmation click).


The order is firm and definitive after payment confirmation. A summary confirmation email is sent to the Customer without delay. Unless proven otherwise, the data recorded by the website constitutes proof of the transaction.


Tea Drunk Monkeys reserves the right to refuse or cancel any order in case of a previous payment dispute, suspected fraud, or an abnormally high order for an individual.


ARTICLE 4 – PAYMENT

Payment is due immediately at the time of order. It is made online, exclusively by credit card (Visa, Mastercard, Carte Bleue) via a secure payment platform using the SSL protocol. The Customer's bank details are not transmitted or stored on Tea Drunk Monkeys' servers.


In case of payment refusal or unjustified chargeback, the Seller reserves the right to suspend the Customer's account and initiate legal action for the recovery of outstanding amounts and associated bank charges.


ARTICLE 5 – DELIVERY

Tea Drunk Monkeys delivers to metropolitan France, member countries of the European Union, and Switzerland.


Orders are prepared and shipped within an average of 2 business days from the confirmation of payment. Shipping times depend on the selected carrier and are provided for informational purposes only. Except in cases of force majeure, if delivery does not occur within 30 days of the order, the consumer Client may request cancellation of the sale and a full refund.

    1. Delivery Rates (Metropolitan France)

      • To a Relay Point: Shipping costs are fixed for all orders under €59.00 including tax. Shipping costs are free for pickup point (Mondial Relay) for any order equal to or exceeding €59.00 including tax.

      • Home Delivery: Shipping costs are fixed for all orders under €79.00 including tax. Shipping costs are free for home delivery for any order equal to or exceeding €79.00 including tax.


    1. Deliveries to the European Union (EU) and Switzerland

Shipping costs outside metropolitan France are calculated at a flat rate according to delivery zones for all orders up to 4 kg.

      • Shipping costs are free for shipments to the European Union and Switzerland for any order equal to or exceeding €111.00.

      • Customs (Switzerland and outside the EU): Any customs duties or import fees that may be applied upon entry into Switzerland or any country outside the European Union are the sole responsibility of the Client. It is the Client's responsibility to inquire with the competent authorities of their delivery country.


    1. Receipt and Transfer of Risks

In accordance with Article L.216-4 of the Consumer Code, the risk of loss or damage to the Products is transferred to the Customer at the moment when the latter (or a third party designated by them) physically takes possession of the Products.


Upon receipt of the package, the Customer is invited to check the condition of the merchandise. In case of an anomaly (torn package, broken or missing product), the Customer must:

  1. Make specific reservations on the carrier's delivery note or refuse the package if the alteration is major.

  2. Report the incident to Tea Drunk Monkeys customer service by email at teadrunkmonkeys@gmail.com as soon as possible to facilitate the compensation procedures with the carrier.


    1. Unclaimed parcels

If a package is returned to the Seller due to an address error attributable to the Customer or because the Customer failed to collect their package within the allotted time at a relay point or post office, the costs of re-shipping will be entirely borne by the Customer, even if the initial order reached the free shipping threshold.


ARTICLE 6 – RIGHT OF WITHDRAWAL

In accordance with Article L.221-18 of the Consumer Code, the Customer-consumer has a period of 14 calendar days from the receipt of the Products to exercise their right of withdrawal, without having to provide a reason for their decision.

⚠ ARTICLE 6.1 – FOOD EXCEPTION FOR TEA

In accordance with Article L.221-28 5° of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection.


Consequently, any tea sachet, infusion, or food item opened, pierced, or unsealed after delivery cannot be returned, exchanged, or refunded.


 











6.2 Return Conditions

For non-food products or foodstuffs still perfectly sealed in their original intact packaging, the Customer must notify their decision to withdraw by

email to teadrunkmonkeys@gmail.com by an unambiguous statement.


The Customer must return the Products at their exclusive expense, in their perfect condition and original packaging, to the address that will be communicated to them by customer service, within a maximum of 14 days following the notification of their withdrawal.


The Seller will refund the amounts paid (including initial standard delivery costs) within 14 days following the date on which they retrieve the Products. Proof of shipment of these goods is not sufficient. The refund will be made using the same payment method as that used for the initial transaction.


ARTICLE 7 – LEGAL GUARANTEES

The Seller is responsible for non-conformities of the Products under the conditions of articles L.217-3 et seq. of the Consumer Code, as well as hidden defects under the conditions provided in articles 1641 et seq. of the Civil Code.


  • Legal guarantee of conformity : The consumer has a period of 2 years from the delivery of the good to obtain its replacement or reimbursement (subject to the cost conditions provided by law). For our foodstuffs (tea), conformity is assessed in relation to the product description and its Minimum Durability Date (MDD).

  • Guarantee against hidden defects: The Customer may invoke the guarantee against hidden defects of the sold item within the meaning of article 1641 of the Civil Code. In this case, they can choose between cancellation of the sale or a reduction in the selling price.


Any complaint must be addressed to teadrunkmonkeys@gmail.com. The guarantee does not cover Products damaged due to improper storage, inadequate preservation (humidity, heat, direct light) or improper use by the Customer.

ARTICLE 8 – BUSINESS TO BUSINESS SALES

These GTC apply to professional buyers in the absence of specific contractual conditions or wholesale terms and conditions of sale signed between the parties. The 14-day right of withdrawal provided for in Article 6 is strictly reserved for consumers and does not apply to professional purchases.


Tea Drunk Monkeys reserves the right to require proof of registration (Kbis extract less than 3 months old and SIRET number) before applying preferential professional rates.


In case of late payment by a professional, late payment penalties calculated at the ECB rate plus 10 percentage points will be automatically applied to unpaid amounts, starting from the day after the payment date indicated on the invoice. A fixed compensation of €40 for recovery costs will also be due (Article

L.441-10 of the Commercial Code). In case of a commercial dispute with a professional, exclusive jurisdiction is attributed to the Paris Commercial Court.


ARTICLE 9 – CUSTOMER REVIEWS AND USER CONTENT

The Customer may be required to post reviews, comments, or photographs on the website or social media pages of the brand (hereinafter “User Content”). By publishing this content, the Customer grants Tea Drunk Monkeys a free, non-exclusive, worldwide license to reproduce, adapt, and distribute this content on its communication channels for promotional purposes.


The Customer warrants that this content does not infringe third-party rights (copyright, image rights) and is not abusive, defamatory, or illegal. The Seller reserves the right to moderate, refuse, or delete any content that does not comply with these principles.


ARTICLE 10 – INTELLECTUAL PROPERTY

The brand "Tea Drunk Monkeys", the logos, graphics, texts, product descriptions, visuals, and the website's structure are the exclusive property of Tea Drunk Monkeys and are protected by copyright and intellectual property law.

Any reproduction or exploitation, whether partial or total, without prior written authorization constitutes infringement and will be subject to legal action.


ARTICLE 11 – PERSONAL DATA (GDPR)

The nominative information collected during the order is mandatory for the processing, delivery and billing of purchases. These data are processed in accordance with European regulations (GDPR) and the Data Protection Act.

They are kept for a period of 3 years from the last commercial contact or purchase. They are only shared with logistics providers (carriers) and payment providers for the strict execution of the order.


The Customer has a right of access, rectification, opposition, limitation and deletion of their data. To exercise these rights, the Customer can write to teadrunkmonkeys@gmail.com. The Customer also has the right to file a complaint with the National Commission for Information Technology and Freedoms (CNIL).


ARTICLE 12 – LIABILITY

Tea Drunk Monkeys' liability cannot be engaged in the event of non-performance or improper performance of the contract due either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure (transport strikes, natural disasters, major health crises).


For professional customers (B2B) only, the Seller's liability for any direct material or immaterial damage is strictly limited and capped at the total amount excluding taxes (HT) of the order paid by the professional at the origin of the dispute.


ARTICLE 13 – APPLICABLE LAW AND DISPUTES

These GTCs are subject to French law. In case of a dispute, the Customer will first contact customer service at teadrunkmonkeys@gmail.com to favor an amicable resolution.


    1. Consumer mediation (Mandatory B2C)

In accordance with articles L.612-1 and following of the Consumer Code, in case of a dispute not resolved by customer service, the consumer client has the right to free recourse to a consumer mediator. The Seller has chosen the following mediation system:

      • Mediator's name: CM2C (Centre de la Médiation de la Consommation des Conciliateurs de Justice)

      • Mediator's postal address: 49 Rue de Ponthieu, 75008 Paris

      • Mediator's website: cm2c.net


The Customer may also use the European Online Dispute Resolution (ODR) platform provided by the European Commission: https://ec.europa.eu/consumers/odr/.