Terms and Conditions of Sale
SARL with a capital of 10,000 euros
R.C.S Paris 883 952 731
10 rue de Penthièvre 75008 Paris, France
Any correspondence with regard to LINKECO, will be done at the coordinates set out above.
VAPEVO is an online store selling vaping products.
The terms below will have, when their first letter appears in capitals, the following meaning:
- "VAPEVO" means the VAPEVO company referred to at the top of the GCS;
- “GTC” means these general terms and conditions of sale;
- "Customer" means the professional customer of the production or manufacture or distribution of vaping products wishing to purchase one or more Product(s). If it is a natural person, he must be at least 18 years old and be fully capable;
- “Product” means any product presented for sale on the Website;
- “Website” means the vapevo.com website
The purchase, from VAPEVO, of Products available on the Website can only be made online and after connection to a customer account previously created on the Website by the Customer.
ARTICLE 1 - APPLICATION OF THE T&Cs
The GCS apply to relations between VAPEVO and the Customer for and following the placing of an order for Product(s).
Placing an order for Product(s) implies the Customer's full and unreserved acceptance of the T&Cs. Any contrary and/or specific unilateral condition emanating from the Customer 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 avail itself, at a given time, of any of the provisions of the GCS cannot be interpreted as a waiver to subsequently avail itself of any of the provisions of the GCS.
ARTICLE 2 – CREATION OF THE CUSTOMER ACCOUNT
Obtaining a customer account is subject to the Customer's acceptance by VAPEVO, after reviewing the information provided by the Customer during the following two customer account creation phases:
- First phase of creating a customer account: the Customer must truthfully fill in the information specific to him (name, addresses, contact details, etc.) to complete the registration request form available in the “Connection” tab. VAPEVO reserves the right to refuse the creation of a customer account, without having to justify it (a refusal may for example be opposed in the event of contact details presenting doubts about their veracity);
- Once the customer account has been obtained, the Customer undertakes to use the connection data for the created customer account which will have been provided to him by VAPEVO to place any order for Product(s). The Customer undertakes not to communicate these connection data to third parties.
VAPEVO may deactivate a validated customer account, even after the Customer has placed one or more Product(s) order(s), without having to justify himself (for example, if the Customer has not used his account for at least three months and he has never placed an order since the creation of his account)
However, VAPEVO undertakes to notify the Customer beforehand within a reasonable time, and to deliver to the Customer all firm orders placed on the date of deactivation of the customer account. On the other hand, no notice will be necessary before the deactivation of the account, if this occurs due to a fault of the Customer (eg: unpaid order(s), erroneous 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 ORDERING PRODUCT(S)
For each Product, a description is available online, on the page of the Product concerned, containing the main characteristics of the Product.
To be valid, any order for Product(s) must be made on the Website and must be placed by a Customer.
Any order is deemed firm and final upon validation by the Customer and acceptance of the GCS by the Customer.
Receipt of the Product(s) order is confirmed by VAPEVO by e-mail sent to the e-mail address provided by the Customer in the registration request form (or later, if the Customer has made a modification notified in writing to VAPEVO).
The confirmation e-mail sent by VAPEVO will specify the expected delivery date (as an indication) as well as the information (product type, quantity, payment method selected) and order references (order references which must be recalled by the Customer in any exchange he would have with VAPEVO relating to this order). The Customer undertakes 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 presents doubts about their sincerity, after notifying the Customer.
ARTICLE 4 - MODIFICATION OF THE ORDER
Any request for modification of a Product(s) order by the Customer must be sent by e-mail to VAPEVO within three days from the date of receipt of the Customer's order by VAPEVO, and in all case before the shipment of the Products by VAPEVO.
VAPEVO reserves the right to accept or refuse any changes requested by the Customer.
Any modification made to an order of Product(s), at the request of the Customer and accepted by VAPEVO, automatically entails the cancellation of the conditions previously accepted by the Customer (with regard to prices, deadlines, payment terms and terms of delivery); the new conditions will however be brought to the attention of the Customer before he validates the modified order.
In case of evolution of a Product, favorable to the Customer in terms of quality or quantity (for example, rupture of a Product sold in batches of 10 and replacement by the same Product sold in batches of 12 at the same price) between the date of placing the order and the date of delivery of the order, VAPEVO reserves the right to modify the Customer's order without informing him in advance. This modification of a Product(s) order decided by VAPEVO does not entail an obligation for VAPEVO to modify another order (past, current or future) in the same way.
ARTICLE 5 - DELIVERY OF PRODUCTS
The shipment of the Products ordered will be made only after full payment of the amount of the order by the Customer. VAPEVO may also suspend shipment upon payment of previous invoices due and unpaid by the Customer, in whole or in part, and more generally upon payment of any amount owed by the Customer to VAPEVO.
5.1 Delivery time of the Products
The delivery time of an order of Product(s) is considered as the moment which separates the date of validation of the order by VAPEVO, on the one hand, from the provision of the order to the delivery address indicated by the Customer, on the other hand.
Deliveries are made only according to availability and in the order of arrival of orders.
VAPEVO may freely make deliveries in whole or in part, without additional cost or compensation for the Customer.
The delivery times announced when ordering are given for information only. In particular, in the case of a shortage of stock or a difficult replenishment, it is possible that the delivery times announced when ordering are exceeded. However, beyond thirty additional days in relation to the indicative delivery date announced when ordering the Product(s), the Customer may request the cancellation of his order and the full refund of the sums already paid, without further compensation. .
The Customer will receive an e-mail from the delivery person, containing the (indicative) delivery information.
5.2 Transfer of risk
The Products are sold carriage paid.
From the moment of their shipment by VAPEVO, the risks weighing on the Products are transferred from VAPEVO to the Customer, whether the order of Products is transported to the Customer via a third-party carrier or directly by VAPEVO.
The Products therefore travel at the Customer's risk and peril, to whom it belongs, in the event of damage or missing Product, to make all necessary findings and to confirm its reasoned reservations by extrajudicial act or by registered letter with acknowledgment of receipt to the carrier within the 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 his complaint to VAPEVO for information, in the same forms and deadlines.
ARTICLE 6 – APPARENT DEFECT AND DEFECT OF CONFORMITY
Without prejudice to the provisions to be made vis-à-vis the carrier, in accordance with article 5 of the GTC, complaints about apparent defects affecting the Products and/or the non-conformity of the Products (in quantity and/or quality ) in relation to the order placed or the dispatch note, must be sent by e-mail by the Customer to VAPEVO within eight (8) calendar days (excluding public holidays) following the delivery of the Products.
It will be up to the Customer to accompany his complaint with any justification as to the reality of the defects or defects observed (eg photographs). VAPEVO may request any additional information from the Customer.
The Customer must facilitate the observation of defects or lack of conformity by VAPEVO (or any third party that VAPEVO would substitute for this) by refraining from using or selling the Products in question, the time necessary for this observation by VAPEVO, time which may not exceed a period of 20 days from the date of the Customer's complaint. The Customer must also allow VAPEVO every facility to remedy these defects or defects.
In the event of an apparent defect or non-conformity of the Products, duly noted by VAPEVO under the conditions provided for above, the Customer may obtain, at his request, the free replacement of the Products in question (subject to sufficient stock) or the reimbursement of the Products in question (including delivery costs, if applicable calculated in proportion to the amount of the order). In the event of a refund request, the cost of returning defective Products and delivering replacement Products will be borne by VAPEVO, the return being then made according to VAPEVO's instructions and after written validation of the return costs by the latter.
ARTICLE 7 - WARRANTY
The goods benefit from the legal guarantee relating to hidden defects as defined in article 1641 of the Civil Code. However, by way of derogation from article 1648 of the Civil Code, this guarantee is valid for a period of 3 months from the date of discovery of the defect.
Concerning the procedure for returning goods suffering from a hidden defect, this appears (and can be downloaded) in the "SAV" section of the "ABOUT" tab.
Defects and deterioration caused by the Customer or its service providers or its own customers, in particular due to non-compliance with the safety instructions relating to storage precautions, specified on the packaging, and/or caused by incorrect use, maintenance not compliant, abnormal use, lack of supervision, poor electrical protection of the devices, by circumstances harmful to the proper functioning as well as by a modification of the product not planned or specified by VAPEVO, are excluded from the guarantee.
The guarantee is also excluded for visible defects for which the conditions of article 5 of the GCS are applied.
In the event of a lack of maintenance (non-compliant maintenance or lack of maintenance) the guarantee will be totally or partially lost, at VAPEVO's option.
The guarantee referred to in this article 7 is granted for the sole benefit of the Customer, and will therefore not be applicable to third parties (in particular to persons to whom the Products in question may have been offered or resold).
The guarantees referred to in these GCS are the only guarantees granted to the Customer, to the exclusion of any other commercial or legal guarantee.
ARTICLE 8 - PRICE
Given the number of Product references and the very frequent changes in the products and the market concerned, the prices applicable to an order are those of the price including VAT in force on the day of the order and indicated for each Product on the website; the prices are indicated after logging in to the customer area.
The prices indicated do not include transport and delivery costs, which will be invoiced in addition if necessary.
There is no price reduction or discount.
ARTICLE 9 - PAYMENT
Any order of Product(s) is payable in full with the order. In the event of late payment, the Customer will be liable to VAPEVO, from the day after the date of the order, for late payment penalties corresponding to 3 times the legal interest rate in addition to the lump sum recovery indemnity of 40 euros ( VAPEVO may request additional compensation on justification, if the recovery costs incurred are greater than 40 euros).
Payments must be made by transfer or by credit card.
In the event of payment by bank transfer, the shipment of the Products will only be carried out by VAPEVO once full and final receipt of the funds by VAPEVO.
The invoice will be sent with the order and in any case it can be downloaded from the website in the customer area.
ARTICLE 10 - RETENTION OF OWNERSHIP
The transfer of ownership of the Product(s) of an order is subject to payment by the Customer of the full price of the order concerned.
Payment is made upon actual and final receipt of the order price by VAPEVO.
As long as the payment of the order has not been made, the Customer must refrain from reselling the Product concerned and must identify it in its stocks as being the property of VAPEVO.
The Customer undertakes to ensure, at his own expense, the stock of Products in his custody, of which VAPEVO owns until full payment of the order.
ARTICLE 11 – EXCLUSION OF LIABILITY
All Products marketed by VAPEVO are intended for vaping.
The product used for the production of steam is based on Propylene Glycol.
VAPEVO cannot be held responsible for any health or health problem of one of the Customer's customers.
Relations between the Customer and VAPEVO, for and following an order of Product(s), are subject to French law. Any contract for the sale of Product(s) between the Customer and VAPEVO is considered concluded in France.
In the event that the Client:
- would be domiciled outside of France,
- and/or would like the Products to be shipped outside of France,
- and/or would consider reselling the Products outside of France,
- and/or would consider making, in particular in the context of a commercial activity, any use of the Products outside of France,
he must verify the compliance of the Products with the law applicable in the territory in question.
VAPEVO cannot be held liable in the event of non-compliance of the Products purchased by the Customer with regulations other than those applicable on French territory.
The Customer undertakes to fully indemnify, defend, guarantee and hold harmless VAPEVO from and against all expenses, fines, legal and arbitration proceedings, claims, losses, obligations or actions as well as against all damages resulting in any way whatsoever from the non-compliance of the Products purchased by the Customer with another regulation and/or legislation applicable in a territory outside France, due to the marketing of the Products by the Customer outside France or for use outside France .
ARTICLE 12 – SETTLEMENT OF DISPUTES
Relations between the Customer and VAPEVO related to the Products (and in particular, without this list being exhaustive, their purchase, sale, resale, marketing, use) are subject exclusively to French law.
Any dispute related to the validity, conclusion, interpretation, execution, termination or consequences of the termination of the GCS and its subsequent acts (such as the sale of Product(s)) will be submitted to the Courts whose seat of VAPEVO depends.
ARTICLE 13 - DATA PROTECTION AND RESPECT FOR PRIVACY
The information communicated by the Customer to VAPEVO when creating a customer account, is essential for the processing and delivery of orders, for the establishment of invoices and warranty contracts, their absence leads to the cancellation of the order. client.
By registering on the Website, the Customer undertakes to provide VAPEVO with sincere and true information concerning him. The communication of false information is contrary to the GCS as well as to the conditions of use appearing on the Site.
In accordance with Law No. 78-17 known as "Informatique et Libertés" and European texts, the Customer has a permanent right of access and rectification of all data concerning him.
The Customer may at any time make a request to VAPEVO to find out what information VAPEVO has on him.
The Customer may at any time and on request modify this data.
If the Customer has accepted it during his identification on the Website, promotional emails (e-mails) offering him new products, destocking offers, exclusives, bargains, will be sent to him. The Customer may request to no longer receive promotional emails from VAPEVO at any time.
VAPEVO is the sole holder of information concerning the Customer. No financial data (credit card number, etc.) is kept by VAPEVO.
VAPEVO will inform the Customer, moreover, that cookies record certain information which is stored in the memory of his hard drive. An alert message will ask the Customer, beforehand, if he wishes to accept cookies, which the Customer can of course refuse. These cookies do not contain confidential information about the Customer.