Terms of sale
LINKECO company
SARL with capital of 10,000 euros
R.C.S Paris 883 952 731
10 rue de Penthièvre 75008 Paris, France
Any correspondence with LINKECO will be made to the contact details set out above.
PREAMBLE
The VAPEVO company is an online store selling vaping products.
The terms below will have, when their first letter appears in capital letters, the following meaning:
- “VAPEVO” means the VAPEVO company referred to at the top of the General Terms and Conditions;
- “CGV” means these general conditions of sale;
- “Customer” means the professional customer in the production or 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 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 CGV
The General Terms and Conditions 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 General Terms and Conditions. Any contrary and/or particular unilateral condition emanating from the Customer will therefore, in the absence of formal and written acceptance by VAPEVO, be unenforceable against VAPEVO regardless of the time when it may have been brought to its attention.
The fact that VAPEVO does not take advantage, at a given moment, of any of the provisions of the T&Cs cannot be interpreted as a waiver of the right to subsequently avail itself of any of the provisions of the T&Cs.
ARTICLE 2 – CREATION OF THE CUSTOMER ACCOUNT
Obtaining a customer account is subject to the Customer's acceptance by VAPEVO, after examination of 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 provide their own information (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 itself (a refusal may for example be made in the event of contact details presenting doubts as to their truth);
- 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 this connection data to 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 month and he has never placed an order since creating his account)
However, VAPEVO undertakes to notify the Customer in advance 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 deactivation of the account, if this 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 infringing 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 Product concerned, containing the main characteristics of the Product.
To be valid, any order for Product(s) must be placed 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 General Terms and Conditions by the Customer.
Receipt of the order for Product(s) is confirmed by VAPEVO by e-mail addressed to the e-mail address communicated by the Customer in the registration request form (or subsequently, if the Customer has made a modification 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, payment method selected) and order references (order references which must be recalled by the Customer in any exchange he has with VAPEVO relating to this order). The Customer undertakes to verify the accuracy of this information and must bring any inaccuracy to the attention of VAPEVO before sending the order by VAPEVO.
VAPEVO reserves the right to cancel any order for Product(s) where the identification information communicated presents doubts as to their sincerity, after having informed the Customer.
ARTICLE 4 - MODIFICATION OF THE ORDER
Any request for modification of an order for Product(s) 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 within all case before shipping the Products by VAPEVO.
VAPEVO reserves the right to accept or refuse all modifications requested by the Customer.
Any modification made to an order for 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 conditions and delivery terms); the new conditions will however be brought to the attention of the Customer before he validates the modified order.
In the event of a change in a Product, favorable to the Customer in terms of quality or quantity (for example, breakage 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 the Customer in advance. This modification of an order for Product(s) 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 ordered Products will be shipped only after full payment of the order amount by the Customer. VAPEVO may also suspend shipment for the payment of previous invoices due and unpaid by the Customer, in whole or in part, and more generally for the payment of any sum owed by the Customer to VAPEVO.
5.1 Delivery time of Products
The delivery time of an order for Product(s) is considered to be the time which separates the date of validation of the order by VAPEVO, on the one hand, from the making available of the order to the delivery address indicated by the Client, on the other hand.
Deliveries are only made based on availability and in the order in which orders arrive.
VAPEVO can 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 purposes only. In particular, in the event of a stock shortage or difficult replenishment, it is possible that the delivery times announced when ordering will be exceeded. However, beyond thirty additional days from the indicative delivery date announced when ordering the Product(s), the Customer may request the cancellation of his order and full reimbursement of the sums already paid, without further compensation. .
The Customer will receive an e-mail from the delivery person, containing the delivery information (for information only).
5.2 Transfer of risks
The Products are sold free of carriage.
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 risk and peril of the Customer to whom it is up to, in the event of damage or missing Product, to make all necessary findings and to confirm his justified reservations by extrajudicial act or by registered letter with acknowledgment of receipt to the carrier in the three (3) calendar days (excluding public holidays) following receipt of the Products, whether 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 LACK OF CONFORMITY
Without prejudice to the arrangements to be made vis-à-vis the carrier, in accordance with article 5 of the General Terms and Conditions, complaints regarding apparent defects affecting the Products and/or non-conformity of the Products (in quantity and/or quality ) in relation to the order placed or the shipping slip, must be made by e-mail by the Customer to VAPEVO within eight (8) calendar days (excluding public holidays) following delivery of the Products.
It will be up to the Customer to accompany their complaint with any justification as to the reality of the defects or defects noted (e.g. 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 may replace in doing so) by refraining from using or selling the Products in question, for 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 opportunity 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 above, the Customer may obtain, at his request, free replacement of the Products in question (subject to sufficient stock) or reimbursement of the costs. Products in question (including delivery costs, where applicable calculated in proportion to the amount of the order). In the event of a refund request, the costs of returning defective Products and delivering replacement Products will be the responsibility of VAPEVO, the return then being made according to VAPEVO's instructions and after written validation of the return costs by the latter.
ARTICLE 7 - GUARANTEE
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 hidden defects, this appears (and can be downloaded) in the "After-sales service" section of the "ABOUT" tab.
Defects and damage 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 apparent defects for which the conditions of article 5 of the General Conditions of Sale apply.
In the event of a lack of maintenance (non-compliant maintenance or absence of maintenance) the warranty will be totally or partially lost, at VAPEVO's discretion.
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 General Terms and Conditions are the only guarantees granted to the Customer, to the exclusion of any other commercial or legal guarantee.
ARTICLE 8 - PRICE
Taking into account the number of Product references and the very frequent evolution of the products and the market concerned, the prices applicable to an order are those of the tax-inclusive price in force on the day of the order and indicated for each Product on the website; prices are indicated after connection to the customer area.
The prices indicated do not include transport and delivery costs, which will be charged additionally if applicable.
There is no price reduction or discount.
ARTICLE 9 - PAYMENT
Any order for Product(s) is payable in full upon ordering. 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 fixed recovery compensation of 40 euros ( VAPEVO may request additional compensation upon justification, if the recovery costs incurred exceed 40 euros).
Payments must be made by transfer or by credit card.
In the event of payment by transfer, shipment of the Products will only be made by VAPEVO once full and final receipt of funds by VAPEVO.
The invoice will be sent with the order and in all cases it can be downloaded from the website in the customer area.
ARTICLE 10 - RESERVATION OF OWNERSHIP
The transfer of ownership of the Product(s) of an order is subject to payment by the Customer of the entire price of the order concerned.
Payment is made upon effective and final receipt of the order price by VAPEVO.
As long as payment for 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 insure at his own expense the stock of Products in his custody, of which VAPEVO has ownership until full payment of the order.
ARTICLE 11 – EXCLUSION OF LIABILITY
All Products marketed by VAPEVO are intended for vaping.
The product used for steam production 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 for 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 Customer:
- would have his domicile located outside France,
- and/or would like the Products to be shipped outside France,
- and/or would consider reselling the Products outside France,
- and/or would consider making any use of the Products outside of France, particularly in the context of a commercial activity,
he must verify the conformity 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 applying 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 from the non-compliance of the Products purchased by the Customer with other regulations and/or legislation applicable in a territory located outside France, due to the marketing of the Products by the Customer outside France or for use outside France .
ARTICLE 12 – SETTLEMENT OF DISPUTES
The relations between the Customer and VAPEVO related to the Products (and in particular, without this list being exhaustive, their purchase, their sale, their resale, their marketing, their use) are subject exclusively to French law.
Any dispute related to the validity, conclusion, interpretation, execution, cessation or consequences of the cessation of the General Conditions of Sale and its subsequent acts (such as the sale of Product(s)) will be submitted to the Courts whose seat is 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 results in the cancellation of the order client.
By registering on the Website, the Customer undertakes to provide VAPEVO with sincere and true information concerning him or her. The communication of false information is contrary to the General Terms and Conditions as well as the conditions of use appearing on the Site.
In accordance with Law No. 78-17 known as “Informatics and Liberties” and European texts, the Customer has a permanent right of access and rectification to all data concerning him.
The Customer can at any time make a request to VAPEVO to find out what information VAPEVO has about him.
The Customer may modify this data at any time and upon request.
If the Customer accepted it when identifying on the Website, promotional emails (e-mails) offering them new products, clearance offers, exclusives, good deals, will be sent to them. 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 (bank card numbers, etc.) is kept by VAPEVO.
VAPEVO will also inform the Customer that cookies record certain information which is stored in the memory of their 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 concerning the Customer.