General Terms and Conditions of Online Sale – VAPOVOR
These General Terms and Conditions of Sale are current as of November 1 , 2018.
These General Terms and Conditions of Sale (hereinafter “GTC”) are offered by Suchet & Buttier (hereinafter “The Company”), a simplified joint-stock company with capital of 100 euros, registered with the Paris Trade Register under the number 802 240 341, whose registered office is located at 102 Avenue des champs élysées 75008 Paris. His non-surcharged telephone number is 01 82 83 23 25, his email address is https://www.vapovor.com/contact and his individual intra-community VAT identification number FR06802240341.
The Company is the owner and publisher of the website https://www.vapovor.com (hereinafter "the Site") on which it offers any customer (hereinafter the "Customer") the online sale of available products. on the Site, including in particular electronic vaping devices (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) the Products whose sale to minors is prohibited by French law.
1. APPLICATION AND OPPOSABILITY OF THE T &Cs
These T&Cs detail the rights and obligations of the Company and its Customer in connection with the sale of the Products. They apply to any order placed on the Site requiring the unreserved acceptance of these GCS.
The Customer declares to have read these GCS and expressly accepts them before finalizing his order on the Site.
The T&Cs may be modified at any time by the Company, but the version of the T&Cs applicable to the Customer remains that in force when the order is placed on the Site.
Any contrary condition set by the Client is unenforceable against the Company regardless of when it may have been brought to its attention.
The fact that the Company does not avail itself at any given time of any provision of these T&Cs cannot be interpreted as a waiver of the right to subsequently avail itself of any provision of the said T&Cs.
2. ORDERING PRODUCTS ON THE SITE
The purchase of Products on the Site is reserved for an adult 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).
The products offered comply with the French legislation in force and the standards applicable in France. The responsibility of the seller cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered (for example in the event of a ban on a product, etc.). It is up to you to check with the local authorities the possibilities of importing or using the products or services that you plan to order.
The Products offered for sale are described and presented with the greatest possible accuracy. However, the photographs have no contractual value, the Company cannot assure the Customer of 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 access the summary of his order at any time. After accessing the summary of his order, the Customer can confirm his order by creating an account on the Site or by making his purchase without creating an account on the Site.
In case of creation of an account, for any new order, the Customer having opened an account will identify himself using his identifiers. It is the Customer's responsibility to maintain the confidentiality and security of its identifiers on the Site. The Client must immediately inform the Company of any unauthorized use of his identifiers. The Company cannot be held responsible for any loss or damage resulting from the Customer's inability to protect its identifiers.
The Customer proceeds to the validation of his order after having informed his delivery address, his method of delivery and his method of payment and by ticking the validation box of the GCS. A clear and legible mention of payment appears next to the validation icon in order to ensure that the Customer explicitly acknowledges his obligation to pay for the order.
After the validation of his order and in order to be able to proceed to the payment, the Customer enters his billing details.
The Company sends an order confirmation by email to the Customer, containing the elements of the summary of his order. Sending this confirmation email formalizes the contractual commitment between the Company and the Client.
3. PRICE AND CONDITIONS OF PAYMENT OF THE ORDER
The prices are mentioned on the Site and in the descriptive sheets of the Products, in euros and all taxes included. Delivery costs are detailed on the following page of the Site: https://www.vapovor.com/livraison .
The total amount is indicated in the summary of the order, before the Customer accepts these GCS, validates his order, informs and validates his billing details and proceeds to payment. This total amount is indicated in euros, all taxes included. Payment for orders can be made by credit card.
In the event of payment by credit card, the Site uses a service provider specialized in securing online payment. This system guarantees the Client the total confidentiality of his banking information. The bank transaction by credit card, carried out between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the Company.
The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment, when placing the order.
In any case, any order placed on the Site whose payment is not honored within fifteen (15) days at most will be definitively cancelled. The Company also reserves the right to suspend any account or any execution of an order, whatever its nature and its level of execution, in the event of non-payment or partial payment of any sum which would be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an order.
Payment in installments with Alma.
If you pay for your order in installments, you accept Alma's general customer conditions . In particular, you can only pay in instalments for purchases whose amount is between €100.00 and €1,000.00. The fees applicable to this means of payment are, for each transaction, 0.00% of the amount of the transaction plus €0.00.
4. AVAILABILITY, GIFTS AND DELIVERY OF PRODUCTS
4.1 The indications of availability of the Products are provided at the time of placing the order. Errors or changes may occur exceptionally. In the event of Product unavailability after the order has been placed, the Company will inform the Customer as soon as possible, offering either to order another Product or to cancel the order.
The Products offered on the Site can mainly be delivered to Metropolitan France, in the DOM TOM and in the countries indicated at the following address of the Site: https://www.vapovor.com/livraison . Outside of these delivery areas, the Company will be entitled to refuse the order or to accept it after estimating the shipping costs associated with this delivery.
The Company endeavors to deliver the Products according to the deadlines indicated on the Site and no later than thirty days from the placing of the order. In the event of a delay in delivery due to unforeseeable circumstances, the Company will inform the Customer of the additional delivery time required. In the absence of delivery on the expiry of the agreed additional period, the Customer may cancel his order by sending a registered letter with acknowledgment of receipt without being able to claim the allocation of damages and interest due to this simple delay in delivery.
The Product(s) ordered are delivered to the address indicated by the Customer when ordering. After shipment, the Company will communicate to the Customer a tracking number so that he can follow the delivery of his package online. The Customer must ensure that the information provided to the Company is correct, and that it remains so until full receipt of the Product(s) ordered. The Customer therefore undertakes to inform the Company of any change in contact details that may occur between the order by sending, without delay, an email to the customer service email address. Failing this, in the event of delay and/or error, the Client cannot under any circumstances hold the Company liable.
The Company will not be responsible either if the non-receipt of the Products is due to the fact of a third party outside its intervention.
5. CUSTOMER SERVICE
For any request for information, clarification or for any complaint, the Customer must contact, as a priority, The Company's customer service, in order to allow the latter to try to find a solution to the problem.
The Company's Customer Service is available Monday to Friday from 9 a.m. to 6 p.m. using the following contact details:
- telephone (not surcharged): 01 82 83 23 25
- email: contact@vapovor.com
- mail: SUCHET&BUTTIER (VAPOVOR), 102 avenue des Champs Elysées 75008 Paris.
6. LEGAL AND COMMERCIAL GUARANTEES
6.1. Legal Warranties
Under the legal guarantee of conformity of articles L.211-4 and following of the Consumer Code, the Company undertakes, at the Buyer's choice, to reimburse or exchange the defective or non-corresponding Products. to his order provided that the Customer acts within two (2) years from the delivery of the Product(s). The Buyer is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods.
Under the legal guarantee against latent defects of article 1641 of the Civil Code, the Buyer has the choice between the resolution of the sale or the reduction of the sale price, in accordance with article 1644 of the Civil Code. If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.
6.2. Commercial Warranty
Independently of the legal guarantees set out above, batteries are guaranteed for 3 months, MODS for 6 months, clearomizers with a capacity of less than 2 ml for 15 days and more for 1 month, reconstructable atomizers for 2 months and chargers for 1 month. E-liquids are neither taken back nor exchanged. Any item purchased via a purchase voucher, reduction voucher, can only be refunded in the same form.
To this end, the Customer is invited to contact the company's customer service at the contact details detailed in article 5 of these GCS. Any Product return under the commercial warranty must be approved by the Company. Products returned under the commercial guarantee must be returned in perfect condition and in their original packaging with all possible accessories (including instructions).
The return of the Product under the commercial warranty will give rise, as the case may be, to a replacement of the Product or to a refund to the Customer, after verification of the returned Products. The costs and risks of sending and returning the Products will be borne by the Customer if non-compliance is not proven.
7. 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) clear days from receipt of the last Product ordered on the Site to exercise his right of withdrawal from the Company, without having to justify reasons or pay a penalty.
However, under Article L. 211-28 of the Consumer Code:
“The right of withdrawal cannot be exercised for contracts:
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° For 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;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items; »
The Customer may communicate his decision to withdraw to the Company by any means, in particular by sending a letter to the following address: SUCHET&BUTTIER (VAPOVOR), 102 avenue des Champs Elysées 75008 Paris. The Customer can also use the withdrawal form reproduced at the end of these GCS.
The Customer must return the Products, to the aforementioned address within fourteen (14) days of the communication of his decision to withdraw, if possible in their original packaging, unused and in perfect condition, without any trace or mark. , with labels, all accessories and any gifts offered. Failing this, the Company shall be entitled to apply a reduction on the sale price of the Products with regard to the damage caused to the Products or to the missing elements.
The costs of returning the Products in the event of exercise of the right of withdrawal are the responsibility of the Customer.
In the event of exercise of his legal right of withdrawal, the Customer will be reimbursed within fourteen (14) days from receipt of the Products by the Company or from proof of 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 responsible in the event of a change in the Customer's bank details since the date of the order, making it impossible to reimburse the Customer. In such a situation, the Customer is invited to contact the Company in order to agree on another means of reimbursement.
8. CUSTOMER OBLIGATIONS
The Customer agrees to comply with the terms of these T&Cs. The Customer undertakes to use the Site and the Products in accordance with the Company's instructions.
The Customer is required to maintain the Products in good condition, to use them in accordance with a normal mode of use and for their intended purpose.
The Customer is invited not to make any modifications to the Products, install accessories, ancillary parts or any other device not marketed by the Company as an accessory to the Product purchased.
The Company can in no way be held responsible for defects and deterioration linked to abnormal or non-compliant use of the Products.
Finally, if for any reason, the Company considers that the Customer does not comply with these GCS, the Company may at any time, and at its sole discretion, remove its access to the Site and take all legal measures against it.
9. LIABILITY
The Company implements all appropriate measures to ensure the Customer the supply, under optimal conditions, of quality Products. However, it cannot under any circumstances be held liable for any damage attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the Contract, or to a case of force majeure.
As such, the Company cannot be held responsible for any malfunction of the Products resulting from circumstances beyond its control, or from abnormal or non-compliant use of the Products as detailed in particular in article 8 of these GCS.
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 Product's user manual. The Company cannot therefore be held liable for any damage related to non-compliant use or configuration of the Product.
The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers rejects, for example due to an anti-spam, the e-mails sent by the Company.
The seller cannot be held responsible for the non-performance of the contract in the event of a shortage of stock or unavailability of the product due to a case of force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and /or communications, flood or fire that may prevent delivery of the order or its destruction.
All products marketed by the seller are intended for the reproduction of vapor inhalation (do not drink the e-liquid). Inhaling e-liquids containing Propylene Glycole and/or Vegetable Propylene and/or nicotine and/or alcohol and/or artificial flavors and/or colorings and/or preservatives and/or any other substances may have side effects and be dangerous to health, the buyer acknowledges using these products in accordance with the conditions of use and under his full and entire responsibility. The seller cannot therefore be held responsible for any sanitary or health problem of one of its customers, or in the event of any special incidents and damages resulting from the use of the products. The seller advises you to seek advice from your doctor and/or a health specialist before making any purchase on www.vapovor.com.
It is important to remember that “vaping” with an electronic cigarette is not without danger to health . The sale of e-cigarettes and all that derives from them is prohibited to minors . The electronic cigarette and all that ensues from it is strongly discouraged for pregnant or breastfeeding women and for people with diseases, cardiovascular diseases, epileptics or sensitive to nicotine or the components of e-liquids . The e-cigarette is not a drug or a smoking cessation aid.
VAPOVOR declines all responsibility in the event of material damage or accidents due to improper use of these products. Improper handling, improper adjustment, poor knowledge of the products, improper assembly or even lack of maintenance of the products can cause dangerous material damage (deterioration of the material, short circuit, risk of explosion, etc.).
The seller cannot be held liable in the event of non-compliance with the proper use of the products in accordance with the use for which they are intended (or in the event of the use of other products), in particular in accordance with the user manual. and the characteristics provided by the product presentation pages on the website.
10. PERSONAL DATA
In accordance with the law of January 6, 1978 relating to data processing, files and freedoms, as amended, the Customer is informed that the Company collects and processes his personal data in order to enable him to process and to execute his/her order(s) placed on the Site.
This mandatory information, for which a lack of response would block the ordering process on the Site, is as follows: first name, last name, email, delivery and billing address, telephone number and date of birth.
The Customer has a right of opposition, access, rectification and deletion of personal data concerning him, as well as a right of opposition for legitimate reasons, which he can exercise under the conditions provided for by the law by sending a letter to the Company at the address SUCHET&BUTTIER (VAPOVOR), 102 Avenue des champs élysées 75008 Paris.
11. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
In the event of a dispute likely to arise on the occasion of the interpretation and/or execution of the present or in relation to the present GTC, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.
The Customer can therefore go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing in particular all the dispute resolution bodies approved in France: https:// webgate.ec.europa.eu/odr/.
In the event of failure of this mediation procedure or if the Customer wishes to take legal action, the rules of the Code of Civil Procedure will apply.
WITHDRAWAL FORM
For the attention of SUCHET&BUTTIER (VAPOVOR), 102 avenue des Champs Elysées 75008 Paris.
I hereby notify you of my withdrawal from the contract relating to the sale of the Product or the
Product Reference:
___________________________________________________________________________
Invoice number: [_________________________________]
Ordered on [____________]*/received on [________________]*
Means of payment used: __________________________
Name of the Customer and, where applicable, of the beneficiary of the order:
________________________________________________
Customer address:
__________________________________________________________________
Delivery address : _________________________________________________________________________________
Date : [__________________]
Signature of the Customer (except in the case of transmission by email)