Return
Article 1: RETURNS AND RESPONSIBILITIES
1.1 Claims / Liability
Except in the case referred to in Article 6, it is the Client's responsibility to provide any justification regarding the reality of the defects or anomalies observed. The Client must allow VAPEVO all facilities to proceed with the verification of these defects or anomalies.
Subject to the exercise of any right of withdrawal, any product return must be expressly agreed upon by VAPEVO. Products must be returned in perfect condition and in their original packaging with all possible accessories (including the manual).
Returns will result, as the case may be, in a replacement of the products or a refund to the Client, after qualitative and quantitative verification of the returned products. The costs and risks of shipping and return will be borne by the Client if the non-compliance is not proven.
When VAPEVO's liability is engaged due to a fault on its part, compensation applies only to direct, personal, and certain damages suffered by the Client.
In any case, VAPEVO disclaims all liability, notably regarding the Customer's choice of products or damages resulting from modifications made to the products or resulting from failure to follow the product usage recommendations.
Furthermore, it is reminded that VAPEVO is not the producer, within the meaning of articles 1245 and following of the Civil Code, of the products marketed via the Site. Consequently, its liability cannot be engaged in case of damage caused to property and/or persons due to a defectiveness of the products as defined in the aforementioned articles. The Customer wishing to obtain compensation for such damage must therefore seek the liability of the concerned supplier.
VAPEVO cannot be held responsible for temporary or permanent damage caused to the Customer's computer system nor for any losses or damages that may be suffered, notably following access to or navigation on the Site. Data transmission via the Internet may cause errors and/or the Site may not always be available. Therefore, VAPEVO cannot be held liable for the availability and interruption of the online service.
1.2 Commercial warranties
VAPEVO (whose address is specified in article 1 of these conditions) grants commercial warranties on certain products and brands, the terms of these warranties being defined below.
This contractual warranty is intended for reimbursement of the purchase price or replacement of the product under the conditions set out below, only in case of defectiveness due to hidden defects or anomalies prior to delivery.
These warranties are granted at no additional cost compared to the product price.
They are granted in the following territory: worldwide
These warranties are granted for the following durations depending on the product categories:
- models operating with an integrated battery (kit, tube, box...) are guaranteed for 3 months;
- models operating with one or more batteries (kit, tube, box...) are guaranteed for 6 months;
- clearomizers are guaranteed for 1 month;
- rebuildable atomizers are guaranteed for 2 months;
- chargers and all other accessories are guaranteed for 1 month.
These periods run from the date of purchase on the Site and are not renewable.
E-liquids are excluded from this contractual warranty and are therefore neither accepted for return nor exchanged under the procedure provided below.
To implement this warranty, the Customer must comply with the following terms:
Demonstration video: To speed up the return process and help our team assess the defect, we ask our customers to take a clear video showing the product's defects. The video must be detailed enough to allow an adequate evaluation of the problem. Ensure the video is well-lit and the defect is visible.
Scratch Code retention: Each VAPEVO product comes with a unique Scratch Code affixed to the packaging. Please keep this code securely until your return request is resolved. This code is essential to verify the product's authenticity and facilitate the return process.
Sending information: The Customer must contact VAPEVO's customer service and send the demonstration video and the product's scratch code to customer support via the contact form (send the YouTube link of the video if it exceeds the allowed size for email sending). The Customer must obtain prior approval for the return of the product(s).
Product returns: VAPEVO is free to decide whether the product requires a return or not. In the case of a necessary return, the Customer must return the concerned product to VAPEVO's customer service at the following address:
LINKECO
42-44 rue Gay Lussac
94430 Chennevières-sur-Marne
France
If the claim is covered by this warranty, VAPEVO commits to refund the product by issuing a credit note or proceed with its replacement with a new one.
In case of product replacement, delivery costs will be borne by VAPEVO.
Any product purchased via a voucher or discount coupon can only be refunded in the same form.
The following damages and/or costs are expressly excluded from this warranty:
- Normal wear and tear of the products;
- Intervention by the Customer or a third party on the product;
- Damage resulting from negligence by the Customer or a third party, or from failure to comply with maintenance or usage recommendations of the products according to product sheets, assembly or user manuals, and/or other transmitted recommendations.
Specific return conditions depending on manufacturers: products from the brands Wheels & Time, Pipeline, Dotmod, Titanide, Cigabois, Animodz, and Lostvape are not covered by this commercial warranty and are handled directly by the manufacturer; defective products from the brands Surric, Yihi, Chalet-MFG, and 3D Make Art may be sent by VAPEVO for repair at the manufacturer (the coverage period may vary from 2 to 6 weeks).
If the tests and checks carried out by VAPEVO reveal no malfunction and/or an anomaly not covered by this warranty, the concerned product will then be returned to the sender at their expense.
Regardless of the commercial warranty, VAPEVO remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 of the Consumer Code and that relating to defects in the sold item, under the conditions provided 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 of the Consumer Code as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in Article 16 of these general conditions.
Article 2: FORCE MAJEURE
In the event of a force majeure case preventing VAPEVO from fulfilling its obligations, the contract would be immediately suspended from the notification by either party by any means. Similarly, the concerned party will inform the other party of the end of this event, and the contract execution will then immediately resume on the date of this notification. Force majeure means any event making the execution of an obligation either impossible or clearly more difficult due to the unpredictable, irresistible, or external nature of this event, these three criteria being alternative, such as wars, riots, fires, floods, total or partial strikes, paralysis of road or other transport routes, energy supply disruptions (EDF, GDF, Oil…), telecommunications and IT network blockages, regulatory changes, delays or failures in the intervention of external partners such as suppliers or subcontractors.
If such an event were to continue beyond fifteen (15) days after the date of notification, the contract will be considered terminated by operation of law. The amounts received by VAPEVO before that date will then be refunded to the Customer.
Article 3: RIGHT OF WITHDRAWAL
Pursuant to Article L. 221-18 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) full days from the date of receipt of the ordered products (the day of receipt of the ordered products is not counted in the period, which starts the next day). If this withdrawal period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple pieces whose delivery is staggered over a defined period, the period starts from the receipt of the last good or lot or the last piece.
However, under Article L. 221-28 of the Consumer Code:
"The right of withdrawal cannot be exercised for contracts:
3° For the supply of goods made according to the consumer's specifications or clearly personalized;
4° For the supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
To exercise their right of withdrawal, when it can be exercised, the Client must, within the fourteen (14) day period indicated above, send to VAPEVO the standard withdrawal form (in Annex 1 of these conditions) or an unambiguous statement expressing their wish to withdraw, to the address indicated in Article 1 of these conditions.
The Client must return the products, at their exclusive expense, to the address mentioned herein, within fourteen (14) days of communicating their decision to withdraw, in their original packaging, unused and in perfect condition, without any trace or mark, with labels, all accessories, and any gifts possibly offered.
The Client is hereby reminded that, in accordance with the provisions of Article L. 221-23 of the Consumer Code, their liability may be engaged in case of depreciation of the products resulting from handling other than those necessary to establish the nature, characteristics, and proper functioning of these products.
In this respect, VAPEVO will be entitled to apply a depreciation in case of handling of the products other than those strictly necessary to establish their nature, characteristics, and proper functioning.
In case of withdrawal concerning several products and if the Client does not return all the products, VAPEVO will deduct from the amount to be refunded the price of the missing products.
VAPEVO undertakes to refund the Client within fourteen (14) days from the date it is informed of the Client's decision to withdraw. However, VAPEVO is entitled to delay this refund until the goods are effectively recovered or until the Client has provided proof of shipment of these goods, the date considered being the first of these events.
VAPEVO makes this refund using the same payment method used by the Client for the initial transaction, unless the Client expressly agrees to use another payment method and provided that the refund does not incur any fees for the Client.
ANNEX 1: WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of:
LINKECO
42-44 rue Gay Lussac
94430 Chennevières-sur-Marne
France
I hereby notify you of my withdrawal from the contract concerning the sale of the item below:
Ordered on(*) / received on(*) ………………………………………………………………
Name of the consumer(s): ………………………………………………………………
Address of the consumer(s): ………………………………………………………………
Signature of the consumer(s) (only in case of notification of this form on paper):
Date: ………………………………………………………………
(*) : Strike out the unnecessary mention. D