Terms and Conditions of Sale

Company LINKECO

SARL with a capital of 10,000 euros

R.C.S Paris 883 952 731

42-44 rue Gay Lussac 94430 Chennevières-sur-Marne

All correspondence regarding LINKECO will be sent to the above-mentioned contact details.

 

 

PREAMBLE

The company VAPEVO is an online store selling vaping products.

The terms below will have, when their first letter appears capitalized, the following meaning:

- “VAPEVO” means the company VAPEVO referred to at the beginning of the GTC;

- “GTC” means these general terms and conditions of sale;

- “Client” means the professional client involved in the production, manufacturing, or distribution of vaping products wishing to purchase one or more Product(s). If it is a natural person, they must be at least 18 years old and fully capable;

- “Product” means any product offered for sale on the Website;

- “Website” means the website vapevo.com

Purchasing Products available on the Website from VAPEVO can only be done online and after logging into a customer account previously created on the Website by the Client.

 

 

ARTICLE 1 – APPLICATION OF THE GTC

The GTC apply to the relations between VAPEVO and the Client for and following the placing of an order for Product(s).

Placing an order for Product(s) implies the Client's full and unconditional acceptance of the GTC. Any unilateral contrary and/or special condition from the Client will therefore, in the absence of formal and written acceptance by VAPEVO, be unenforceable against VAPEVO regardless of when it may have been brought to its attention.

The fact that VAPEVO does not invoke, at a given time, any of the provisions of the GTC cannot be interpreted as a waiver to invoke any of the provisions of the GTC later.

 

 

ARTICLE 2 – CREATION OF THE CUSTOMER ACCOUNT

Obtaining a customer account is subject to the acceptance of the Client by VAPEVO, after reviewing the information provided by the Client during the following two phases of customer account creation:

1. First phase of creating a customer account: the Customer must sincerely provide their own information (name, addresses, contact details, etc.) to complete the registration request form available in the "Login" tab. VAPEVO reserves the right to refuse the creation of a customer account without having to justify (a refusal may for example be made in case of contact details raising doubts about their truthfulness);
2. Once the customer account is obtained, the Customer agrees to use the login data for the created customer account provided by VAPEVO to place any order of Product(s). The Customer agrees not to share this login data with third parties.

VAPEVO may deactivate a validated customer account, even after the Customer has placed one or more order(s) of Product(s), without having to justify it (for example, if the Customer has not used their account for at least three months and has never placed an order since the creation of their account).

However, VAPEVO undertakes to notify the Customer in advance within a reasonable time, and to deliver to the Customer all firm orders placed as of the date of deactivation of the customer account. On the other hand, no notice will be necessary before the account deactivation if it occurs due to a fault of the Customer (e.g., unpaid order(s), incorrect or incomplete information provided by the Customer, behavior of the Customer damaging the brand image of VAPEVO and/or one or more Product(s), etc.).

 

 

ARTICLE 3 ORDER OF PRODUCT(S)

For each Product, a description is available online, on the page of the concerned Product, containing the main characteristics of the Product.

To be valid, any order of Product(s) must be placed on the Website and must be made by a Customer.

Any order is considered firm and final as soon as it is validated by the Customer and the Terms and Conditions are accepted by the Customer.

The receipt of the order of Product(s) is confirmed by VAPEVO by email sent to the email address provided by the Customer in the registration request form (or subsequently, if the Customer has made a change notified in writing to VAPEVO).

The confirmation email sent by VAPEVO will specify the expected delivery date (for information only) as well as the information (product type, quantity, selected payment method) and order references (order references that must be mentioned by the Customer in any communication with VAPEVO regarding this order). The Customer agrees to verify the accuracy of this information and must inform VAPEVO of any inaccuracies before the order is sent by VAPEVO.

VAPEVO reserves the right to cancel any order of Product(s) whose identification information provided raises doubts about their authenticity, after notifying the Customer.

 

 

ARTICLE 4 - ORDER MODIFICATION

Any request to modify a Product(s) order by the Customer must be sent by email to VAPEVO within three days from the date of receipt of the Customer's order by VAPEVO, and in any case before the shipment of the Products by VAPEVO.

VAPEVO reserves the right to accept or refuse any modifications requested by the Customer.

Any modification made to a Product(s) order, at the Customer's request and accepted by VAPEVO, automatically results in the cancellation of the previously accepted conditions by the Customer (regarding prices, deadlines, payment terms, and delivery methods); however, the new conditions will be brought to the Customer's attention before they validate the modified order.

In the event of an evolution of a Product, favorable to the Customer in terms of quality or quantity (for example, discontinuation of a Product sold in a lot of 10 and replacement by the same Product sold in a lot of 12 at the same price) between the date of placing the order and the delivery date of the order, VAPEVO reserves the right to modify the Customer's order without prior notice. This modification of a Product(s) order decided by VAPEVO does not oblige VAPEVO to modify another order (placed, ongoing, or future) in the same way.

 

 

ARTICLE 5 - DELIVERY OF PRODUCTS

The shipment of ordered Products will only be made after full payment of the order amount by the Customer. VAPEVO may also suspend shipment due to payment of previous invoices that are due and unpaid by the Customer, in whole or in part, and more generally for the payment of any amount owed by the Customer to VAPEVO.

5.1 Delivery time of Products
The delivery time of an order of Product(s) is considered as the time between the date of validation of the order by VAPEVO, on the one hand, and the making available of the order at the delivery address indicated by the Customer, on the other hand.
Deliveries are made only based on availability and in the order of receipt of orders.
VAPEVO may freely proceed with deliveries either in full or in part, without additional cost or compensation for the Customer.
The delivery times announced at the time of order are given for information purposes only. In particular, in the event of a stock shortage or difficult restocking, it is possible that the delivery times announced at the time of order may be exceeded. However, beyond an additional thirty days compared to the indicative delivery date announced at the time of ordering the Product(s), the Customer may request the cancellation of their order and a full refund of the amounts already paid, without any further compensation.
The Customer will receive an email from the delivery person containing delivery information (for informational purposes).

5.2 Transfer of risks
The Products are sold carriage paid.
From the moment of their shipment by VAPEVO, the risks related to the Products are transferred from VAPEVO to the Customer, whether the Products order is transported to the Customer by a third-party carrier or directly by VAPEVO.
The Products therefore travel at the Customer's risk, who must, in case of damage or missing Product, make all necessary observations and confirm their justified reservations by extrajudicial act or by registered letter with acknowledgment of receipt to the carrier within three (3) calendar days (excluding public holidays) following receipt of the Products, whether the transport was carried out by VAPEVO or by a third-party carrier. In the latter case, the Customer will send a copy of their claim to VAPEVO for information, in the same form and within the same deadlines.

 

 

ARTICLE 6 – APPARENT DEFECT AND NON-COMPLIANCE

Without prejudice to the provisions to be taken with the carrier, in accordance with Article 5 of the GTC, claims regarding apparent defects affecting the Products and/or non-compliance of the Products (in quantity and/or quality) compared to the order placed or the shipping note must be made by email by the Customer to VAPEVO within eight (8) calendar days (excluding public holidays) following delivery of the Products.
It is the Customer's responsibility to accompany their claim with any justification regarding the reality of the identified defects or non-compliance (e.g., photographs). VAPEVO may request any additional information from the Customer.
The Customer must facilitate the identification of defects or non-compliance by VAPEVO (or any third party substituted by VAPEVO for this purpose) by refraining from using or selling the Products in question, for the time necessary for this identification by VAPEVO, which cannot exceed a period of 20 days from the date of the Customer's claim. The Customer must also provide VAPEVO with all necessary access to remedy these defects or non-compliance.
In case of apparent defect or non-compliance of the Products, duly noted by VAPEVO under the conditions provided above, the Customer may request free replacement of the Products in question (subject to sufficient stock) or a refund of the Products in question (including delivery costs, if applicable calculated pro rata to the order amount). In case of a refund request, the return shipping costs of the defective Products and delivery of replacement Products will be borne by VAPEVO, the return being made according to VAPEVO's instructions and after written approval of the return costs by the latter.

 

 

ARTICLE 7 - WARRANTY

The goods benefit from the legal warranty relating to hidden defects as defined in article 1641 of the Civil Code. However, by derogation from article 1648 of the Civil Code, this warranty is valid for a period of 3 months from the date of discovery of the defect.

Regarding the procedure for returning goods suffering from hidden defects, it is available (and downloadable) in the "SAV" section of the "ABOUT" tab.

Defects and damages caused by the Client or their contractors or their own customers, notably due to non-compliance with safety instructions related to storage precautions specified on the packaging, and/or caused by incorrect use, non-compliant maintenance, abnormal use, lack of supervision, poor electrical protection of devices, harmful circumstances to proper functioning, as well as by a modification of the product not foreseen or specified by VAPEVO, are excluded from the warranty.

The warranty is also excluded for apparent defects for which the conditions of article 5 of the GTC apply.

In case of maintenance default (non-compliant maintenance or lack of maintenance), the warranty will be totally or partially lost, at VAPEVO's discretion.

The warranty referred to in this article 7 is granted solely for the benefit of the Client and will therefore not apply to third parties (notably persons to whom the Products in question may have been offered or resold).

The warranties referred to in these GTC are the only warranties granted to the Client, excluding any other commercial or legal warranty.

 

 

ARTICLE 8 - PRICE

Given the number of Product references and the very frequent changes in products and the relevant market, the prices applicable to an order are those of the VAT-inclusive price list in effect on the day of the order and indicated for each Product on the website; prices are shown after logging into the client area.

The prices indicated do not include transport and delivery fees, which will be charged additionally if applicable.

There is no price reduction or discount.

 

 

ARTICLE 9 - PAYMENT

Any order of Product(s) must be paid in full at the time of order. In case of late payment, the Client will owe VAPEVO, from the day after the order date, late payment penalties corresponding to 3 times the legal interest rate in addition to the fixed recovery fee of 40 euros (VAPEVO may request additional compensation upon justification if the recovery costs incurred exceed 40 euros).

Payments must be made by bank transfer or by credit card.

In case of payment by bank transfer, the shipment of Products will only be made by VAPEVO once full and definitive receipt of funds by VAPEVO.

The invoice will be sent with the order and in any case can be downloaded from the website in the client area.

 

 

ARTICLE 10 - RETENTION OF TITLE

The transfer of ownership of the Product(s) of an order is subject to the Client's full payment of the order price.

Payment is made upon the effective and definitive receipt of the order price by VAPEVO.

As long as the payment of the order has not been made, the Client must refrain from reselling the concerned Product and must identify it in their stock as the property of VAPEVO.

The Client agrees to insure at their own expense the stock of Products under their custody, of which VAPEVO retains ownership until full payment of the order.

 

 

ARTICLE 11 – LIMITATION OF LIABILITY

All Products marketed by VAPEVO are intended for vaping.

The product used for vapor production is based on Propylene Glycol.

VAPEVO cannot be held responsible for any health or sanitary issue of any of the Client's customers.

The relations between the Client and VAPEVO, for and following a Product order, are subject to French law. The possible sales contract of Product(s) between the Client and VAPEVO is considered concluded in France.

In the event that the Client:
- would have their domicile located outside France,
- and/or would wish the Products to be shipped outside France,
- and/or would consider reselling the Products outside France,
- and/or would consider making, notably within the scope of a commercial activity, any use of the Products outside France,
they must verify the compliance of the Products with the law applicable in the territory concerned.

VAPEVO's liability cannot be engaged in case the Products purchased by the Client do not comply with regulations other than those applicable in French territory.

The Client agrees to fully indemnify, defend, guarantee, and hold harmless VAPEVO from and against all expenses, fines, judicial and arbitration proceedings, claims, losses, obligations, or actions as well as all damages resulting in any way from the non-compliance of Products purchased by the Client with any other regulation and/or legislation applicable in a territory outside France, due to the marketing of the Products by the Client outside France or for use outside France.

 

 

ARTICLE 12 – DISPUTE RESOLUTION

The relations between the Client and VAPEVO related to the Products (including, but not limited to, their purchase, sale, resale, marketing, use) are exclusively subject to French law.

Any dispute related to the validity, conclusion, interpretation, execution, termination, or consequences of the termination of the GTC and its subsequent acts (such as the sale of Product(s)) will be submitted to the courts where VAPEVO's headquarters are located.

 

 

ARTICLE 13 - DATA PROTECTION AND RESPECT FOR PRIVACY

The information provided by the Client to VAPEVO when creating a client account is essential for processing and delivering orders, issuing invoices and warranty contracts; their absence results in the cancellation of the Client's order.

By registering on the Website, the Client agrees to provide VAPEVO with sincere and truthful information about themselves. Providing false information is contrary to the GTC as well as the terms of use on the Website.

In accordance with Law No. 78-17 known as "Informatique et Libertés" and European texts, the Client has a permanent right of access and rectification of all data concerning them.

The Client can at any time make a request to VAPEVO to find out what information VAPEVO holds about them.

The Client can modify this data at any time upon request.

If the Client accepted it during their identification on the Website, promotional emails offering new products, clearance sales, exclusives, and good deals will be sent to them. The Client can request to no longer receive promotional emails from VAPEVO at any time.

VAPEVO is the sole holder of information concerning the Client. No financial data (credit card numbers, etc.) is retained by VAPEVO.

VAPEVO also informs the Client that cookies record certain information which is stored in the memory of their hard drive. An alert message will ask the Client beforehand if they wish to accept cookies, which the Client can of course refuse. These cookies do not contain any confidential information about the Client.