General Conditions of online Sale – VAPOVOR
The present General Conditions of Sale are up to date to the 1st of November 2018.
The present General Conditions of Sale (hereinafter " GTCS ") are proposed by the company Suchet & Buttier (hereinafter " The Company "), a société par actions simplifiées with a capital of 100 euros, registered at the Commercial Registry of Paris under the number 802 240 341, whose registered office is located 18 bd Chastenet de gery - 94270 Le Kremlin-Bicêtre. His phone number not premium rate is the 01 82 83 23 25, his e-mail address is https://www.vapovor.com/contact and his individual VAT identification number intra-community FR06802240341.
The Company is the owner and editor of the website https://www.vapovor.com (hereinafter, the " Site ") on which it offers to any customer (hereinafter " Customer ") the online sale of products available on the Site, including devices for electronic vaping (hereinafter the " Products ").
In accordance with the provisions of article L. 3511-2-1 of the public health Code, the Company undertakes not to sell to minors under the age of eighteen (18) years of age the Products whose sale to minors is prohibited by French Law.
1. APPLICATION AND OPPOSABILITE OF THE GTC
These terms and conditions detail the rights and obligation of the Company and its Client in respect of the sale of the Products. They apply to any order placed on the Site requiring the acceptance without reservation of these general terms and conditions.
The Customer declares to have read these GTC and expressly agrees to prior to finalizing its order on the Site.
The GCS may be amended at any time by the Company, but the version of the GTC applicable to the Client shall remain that in force at the time of placing the order on the Site.
Any contrary condition posed by the Client is unenforceable against The Company, regardless of the moment it could be brought to its knowledge.
The fact that the Company does not prevail at a given moment of any provision of these terms and conditions, cannot be interpreted as constituting a waiver of any provision of the said terms and conditions.
2. ORDER OF PRODUCTS ON THE SITE
The purchase of Products on the Site is reserved for a major public. The Company will refuse access to the Site and the placing of any order made by a minor under the age of eighteen (18) years of age.
The products proposed comply with French legislation in force and to standards applicable in France. The seller's liability can not be engaged in case of non-observance of the legislation of the country where the product is delivered (for example, in the case of a product ban, etc.). It is your responsibility to check with local authorities the possibilities of importation or use of products or services that you intend to order.
The Products offered for sale are described and presented with the greatest possible accuracy. The photographs do, however, have no contractual value, the Company cannot provide the Customer with a perfect similarity with the Product delivered. The Company reserves the right to correct the content of the Site.
The Customer selects the Products he wishes to purchase, and can be accessed at any time at the summary of the order. After accessing the summary of his order, the Customer can confirm his order by creating an account on the Site or through the purchase without creating an account on the Site.
In the case of account creation, for all new orders, the Customer who has opened an account and it will identify it using its id. It is the responsibility of the Client to maintain the confidentiality and security of its credentials to the Site. The Customer must inform the Company immediately of any unauthorized use of his identifiers. The Company will not be held responsible for any loss or damage arising from Customer's failure to protect its credentials.
The Client validates his order after filling in the delivery address, delivery method and payment method, and checking the box to the validation of the GCS. A statement of a clear and legible payment figure next to the icon of validation to ensure that the Client explicitly acknowledges his or her obligation of payment of the order.
After the validation of his order and to be able to proceed with the payment, the Customer enters their billing information.
The Company sends an order confirmation by email to the Customer, listing the elements of the summary of the order. The sending of this confirmation email formalizes the contractual relationship between the Company and the Customer.
3. PRICES AND TERMS OF PAYMENT OF THE ORDER
The prices are mentioned on the Website and in the data sheets of the Products, in euros and all taxes included. Delivery charges are detailed on the following Site page : https://www.vapovor.com/livraison.
The total amount is indicated in the order summary before the Customer accepts these general conditions, validates his or her order, provides information and valid contact details of invoice and makes payment. This total amount is indicated in euros all taxes included. Payment for orders can be made by credit card, paypal, bank transfer or cheque payable to the order of SUCHET&BUTTIER (VAPOVOR) to the following address : SUCHET&BUTTIER (VAPOVOR), 18 bd Chastenet de gery - 94270 Le Kremlin-Bicêtre and the Client shall be required to appear at the back of the cheque their name, as well as the order number.
Any order paid by cheque will be processed after the cheque has been cashed by the Company. The Company keeps the orders awaiting payment by cheque for ten (10) days of placing the order. Has the expiration time, the order will be cancelled. For any cheque for an amount higher than 100 euros, the order will be shipped 8 days after the cashing of the bank check.
In the case of payment by credit card, the Site uses a service provider specializing in secure online payment. This system guarantees to the Customer the total confidentiality of banking information. The bank transaction by means of credit card, carried out between the Client and the secure system is fully encrypted and protected. The Customer's bank details are not stored by computer by the Company.
The Customer warrants to the Company that it has the necessary permissions to use the payment method, at the time of placing the order.
In any event, any order placed on the Site that the payment is not honoured within fifteen (15) days will be permanently cancelled. The Company further reserves the right to suspend any account, or the execution of a command, regardless of its nature and its level of execution in case of default of payment or part payment of any sum due by the Customer to the Company, in the event of a payment incident, or in the case of fraud or attempted fraud relating to use of the site and the payment of an order.
4. AVAILABILITY AND DELIVERY OFPRODUCTS
Indications of Product availability are provided at the time of placing the order. Errors or changes may occur exceptionally. In the event of unavailability of Product after placing the order, the Company will notify the Client as soon as possible, offering you either to order another Product or cancel the order.
The Products offered on the Site will mainly be delivered to the destination of the Metropolitan France, the DOM TOM and in the countries indicated in the address of the Website : https://www.vapovor.com/livraison. Outside these areas delivery, the Company shall be entitled to reject the order or accept it after estimation of the shipping costs associated with this delivery.
The Company strives to deliver the Products as per the deadlines indicated on the Site and not later than thirty days from the time of placing the order. In case of delay of delivery due to unforeseen circumstances, the Company will notify the Customer of the additional period required delivery. A default of delivery upon expiry of the additional period agreed, the Customer may cancel his order by sending a registered letter with request for acknowledgement of receipt without being able to claim the allocation of damages by reason of the mere delay of delivery.
The(s) Product(s) ordered are delivered to the address indicated by the Customer when ordering. After shipping, the Company will communicate to the Customer a tracking number for it to track online the delivery of his parcel. The Customer must ensure that the information provided to the Company are correct, and that they shall remain in office until full receipt of the Product(s) ordered(s). The Client therefore undertakes to inform The Company of any change of contact details which may occur between the command by sending, without delay, an email to the email address customer service. A default, in the event of delay and/or error, the Customer may in no case engage the responsibility of the Company.
The Company will not be liable if the non-reception of the Products is due to the fact of a third party outside of its intervention.
5. CUSTOMER SERVICE
For any request for information, clarification or for any claim, the Customer must contact by priority the customer service of The Company, in order to enable the latter to try to find a solution to the problem.
The Customer Service of The Company is available from Monday to Friday, from 9 hours to 18 hours using the following contact information :
- telephone (non-premium) : 01 82 83 23 25
- email : firstname.lastname@example.org
- mail : SUCHET&BUTTIER (VAPOVOR), 102 avenue des Champs Elysées 75008 Paris.
6. GUARANTEES OF THE LEGAL AND COMMERCIAL
6.1. Legal Guarantees
The title of the legal guarantee of conformity of articles L. 211-4 and following of the Consumer Code, the Company undertakes, at the Purchaser's option, to refund or to exchange the defective Products or not corresponding to his order provided that the Customer is acting in a period of two (2) years from the delivery of the Products. The Buyer is exempted from providing proof of the existence of the non-compliance during the six-twenty-four (24) months following the delivery of the goods.
The title of the legal guarantee of the hidden defects of the article 1641 of the Civil Code, the Buyer has the choice between the resolution of the sale or reduction of price of sale, in accordance with article 1644 of the Civil Code. If repair and replacement are impossible, the buyer can make good and get refund the price or keep the property and to be a part of the price.
6.2. Commercial Warranty
Regardless of the legal guarantees outlined above, the batteries are guaranteed for 3 months, the MODS 6 months, the clearomiseurs of a capacity of less than 2 ml for 15 days and above 1 month, atomizers reconstructible 2 months and the chargers 1 month. The e-liquids are not returnable or exchanged. Any item purchased via a purchase order, voucher, may be refunded in the same form.
To this end, the Customer is prompted to contact the customer service of the company at the address detailed in section 5 of these GTCS. Any return of a Product under the commercial guarantee must be the subject of an agreement of the Company. The returned Products under the commercial warranty must be returned in perfect condition and in their original packaging with all the possible accessories (including the manual).
The return of the Product under the commercial guarantee shall give rise, as the case may be, to a replacement of the Product or refund the Client, after verification of the returned Products. The costs and risks of sending and return of Products shall be borne by Customer if non-compliance is not proven.
7. A LEGAL RIGHT OF WITHDRAWAL
In accordance with articles L. 221-18 and following of the consumer Code, the Customer has a period of fourteen (14) days from the receipt of the last Product ordered from the Site in order to exercise his right of withdrawal from the Company, without having to justify reasons nor to pay penalty.
However, pursuant to article L. 211-28 of the Code of the consumption :
"The right of withdrawal cannot be exercised for contracts :
3° supply of goods made to the consumer's specifications or clearly personalized ;
4° for the supply Of goods which are liable to deteriorate or expire rapidly ;
5° for the supply Of goods which have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection ;
6° for the supply Of goods which, after having been delivered, and by their nature are mixed inseparably with other items ; "
The Client may communicate its decision of withdrawal to the Company by any means, including by sending an e-mail to the following address : SUCHET&BUTTIER (VAPOVOR), 102 avenue des Champs Elysées 75008 Paris. The Client can also use the withdrawal form reproduced at the end of these terms and conditions.
The Customer must return the Products, to the above address within fourteen (14) days of the communication of the decision to withdraw, if possible in their original packaging, unused and in perfect condition, without any trace or marks, with tags, all accessories, and gifts offered. In default, the Company shall be entitled to apply a discount on the selling price of the Products in regard to the damages caused to the Goods or missing items.
The cost of returning the Products in case of exercising the right of withdrawal are the responsibility of the Customer.
In the event of the exercise of his statutory right of withdrawal, the Customer will be refunded within fourteen (14) days from the receipt of the Products by the Company or from the evidence of the shipment of the Products by the Consumer, by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. The Company cannot be held liable in the event of a change of banking details of the Client since the date of the order making it impossible for the Client refund. In such a situation, the Customer is invited to contact the Company to arrange another means of repayment.
8. OBLIGATIONS OF THE CUSTOMER
The Customer agrees to abide by the terms of these terms and conditions. The Customer undertakes to use the Site and the Products in a manner consistent with the Company's instructions.
The Client is obliged to ensure the maintenance in good condition of the Products, use them according to a normal mode of use and to their destination.
The Client is asked not to make changes to the Products, install accessories, attachments or other devices not marketed by the Company as an accessory to the Product purchased.
The Company will in no case be held liable for defects or damage related to misuse, or non-compliant Products.
Finally, if for any reason, the Company considers that the Customer does not comply with these terms and conditions, the Company may at any time and in its sole discretion, remove access to the Website and take all legal measures against him.
The Company implements all necessary measures to assure the Customer of the supply, in optimum conditions of quality Products. It does not, however, in no event incur liability for any damage that would be caused either to the Customer or to the unforeseeable and insurmountable fact of a third party stranger to the Contract, or a case of force majeure.
In this respect, the Company will not be held responsible for any malfunction of Products that would result of circumstances independent of his will, or of an abnormal or non-compliant Products such as in particular described in detail in article 8 of these general conditions.
The Customer is also solely responsible for the configuration and use of the Products in accordance with the instructions provided by the Company and the operating instructions of the Product. The Company cannot therefore be held responsible for any damage related to the use or configuration of non-conforming Product.
The Site may contain links to other websites not published or controlled by the Company, which may not be held liable or responsible for the operation, content, or any element present in or obtained through such sites.
It is expressly stipulated that the Company shall in no event be held liable in any manner whatsoever, for the case where the computer equipment or the e-mail Client would reject, for example, as an anti-spam, e-mails sent by the Company.
The seller will not be held liable for breach of contract in case of stock rupture or product unavailability due to a case of force majeure, disruption or total or partial strike in particular postal services and means of transport and/or communications, flood or fire that could prevent the delivery of the order or the destruction of it.
All of the products marketed by the seller are intended for the reproduction of a steam inhalation (do not drink the e-liquid). The inhaling of eliquides containing Propylene Glycole and/or of the Propylene Vegetable and/or nicotine and/or alcohol and/or artificial flavors and/or dyes and/or preservatives and/or all other substances can have side effects and be dangerous to the health , the buyer agrees to use these products in accordance with the terms and conditions of use and under its full and sole responsibility. The seller cannot be held responsible for any health problem or health of one of its clients, or in the event of incidents and special damages incurred as a result of the use of the products. The seller advises you to seek the advice of your doctor and/or health specialist before you make any purchase on www.vapovor.com .
It is important to remember that "vaping" by means ofan electronic cigarette is not without danger for the health. The sale of e-cigarettes and all that flows from it is forbidden to minors. The electronic cigarette and all that flows from it is fortement not recommended for pregnant women or nursing mothers and people with chronic diseases, cardio-vascular diseases, epilepsy or are sensitive to nicotine, or to components of the e-liquids. The e-cigarette is not a medicine or a method of smoking cessation.
VAPOVOR disclaims all liability in case of damage or accidents due to improper use of these products. Improper handling, improper setting, poor product knowledge, poor installation or lack of maintenance of products can cause property damage and hazardous materials (damage to equipment, short-circuit, risk of explosion etc.).
The seller's liability can not be engaged in case of non-compliance of the proper use of the products in accordance with the purpose for which they are intended (or in the case of use of other products), in particular in accordance with the manual of use and features provided by the presentation pages of products on the website.
10. GIVINGED PERSONAL
In accordance with the law of 6 January 1978 relating to computers, files and freedoms, as modified, the Client is seen to inform that the Company will proceed with the collection and processing of his personal data in order to enable it to process and execute his or her order(s) passed(s) on the Site.
This mandatory information, including a default response will block the order process on the Site, are the following : first name, last name, email address, shipping address, and billing phone number and date of birth.
The Customer has a right of opposition, access, rectification and deletion on the personal data concerning him, as well as a right of opposition for legitimate reason, he may exercise under the conditions provided by law by sending a mail to the Company at the address SUCHET&BUTTIER (VAPOVOR), 18 bd chastenet de gery - 94270 Le Kremlin Bicetre.
11. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These terms and conditions are governed by and construed in accordance with French law, without regard to principles of conflicts of laws.
In case of dispute which may arise from the interpretation and/or execution of these terms or in connection with these terms and conditions, the Client may decide to submit the dispute with the Company to a mediation procedure in the conventional or any other form of alternative dispute resolution.
The Customer may make on the european platform for the settlement of consumer disputes set up by the european Commission at the following address and listing including all of the bodies of resolution of disputes registered in France: https://webgate.ec.europa.eu/odr/.
In the event of failure of this mediation procedure or if the Client wishes to bring a court, the rules of the Code of civil procedure will apply.
FORM OF WITHDRAWAL
To the attention of SUCHET&BUTTIER (VAPOVOR), 102 avenue des Champs Elysées 75008 Paris.
I want to notify you hereby my withdrawal from the contract for the sale of the Product or
Product reference :
N° of the invoice : [_________________________________]
Ordered the [____________]*/received the [________________]*
Means of payment used : __________________________
Name of the Client and, if applicable, of the beneficiary of the order :
Client address :
Delivery address : _________________________________________________________________________________
Date : [__________________]
Signature of the Customer (except in the case of transmission by e-mail)