WEBSITE PUBLISHER:
COMUNICA CONCEPT (hereafter the 'Publisher')
SASU with a capital of 10.000€
RCS SAINT-ETIENNE 792 985 905
Head office: Rue Jacques de Lesseps – 42160 ANDREZIEUX BOUTHEON- FRANCE
VAT registration number: FR 38 792985905
PUBLISHING DIRECTOR:
Mr. Julien ARGAUD
[email protected]
HOSTING:
ALTER WAY
1 rue royale, Bat D
227, les Bureaux de la colline
92210 SAINT-CLOUD
FRANCE
Phone : (+33)1 78 15 24 00
[email protected]
1. OBJECT
1. This agreement lays the terms and conditions of sale and product delivery (hereafter the 'Products') sold on the website accessible via the www.aromes-et-liquides.fr address (hereafter the 'Website') by the COMUNICA CONCEPT company (hereafter 'A&L' or the 'Seller'), SASU with a capital of 100,000€, registered at SAINT-ETIENNE's RCS under the number 792 985 905 (VAT registration number FR 38 792985905), whose head office is located at 405 Rue Jacques de Lesseps – 42160 ANDREZIEUX BOUTHEON- FRANCE represented by SARL RONY (RC SAINT-ETIENNE 820 811 818) as Chairman of the COMUNICA CONCEPT company.
2. The 'Client' is defined in this agreement as any natural person acting as a consumer within the meaning of the preliminary article of the French Consumer Code (Code de la consommation), namely any individual acting for purposes that are outside the scope of their trade, business, craft, profession or agricultural activity, including where such individual acts on behalf of another professional.
3. In this Agreement, the term 'working day(s)' refers to every day of the week except for Saturdays, Sundays and bank holidays.
4. The creation of a Client Account and the Client placing an order on the Website imply the acknowledgement of this Agreement along with the Website's Terms of Use.
5. This agreement sets out the entire obligations of the Client and the Seller. The Seller reserves the right to amend these Terms and Conditions unilaterally. The applicable terms and conditions shall be those in force on the Website on the date the Client places their order. The Client is therefore advised to consult the latest version of the Terms and Conditions regularly, which is permanently available under the 'Terms and Conditions' section of the Website.
The Client may also print or save these Terms and Conditions in PDF format, either directly from the Website or from the PDF file attached to the order confirmation email sent to the Client.
6. In accordance with article L. 3511-2-1 of the Public Health Code, which states that the sale to minors of less than eighteen years of age (18) of liquids intended for use in an electronic cigarette, containing nicotine or not, is strictly forbidden. The Client agrees, by filling in the order form, to be eighteen (18) at the time of order by ticking the appropriate box when creating their Client Account. In this respect, the Client undertakes to provide a copy of a valid government-issued identity document or any other document sufficient to establish that they have reached the age of majority.
2. PRODUCTS AND AVAILABILITY
1. On its Website, A&L offers a wide selection of products, equipment, accessories and liquid refills for electronic cigarettes (hereafter the 'Products'), exclusively intended for individuals over 18 years old.
A&L is free to choose the Products it wants to sell on the Website and reserves the right to modify this selection at any moment.
2. Each one of the Website's Product descriptions establishes a detailed description of said Product, in particular its essential characteristics.
The Seller's photographs and visuals illustrating the Products are designed to represent the Products in the most accurate way possible, with the possibility of there being minor differences between the visuals and the final Products, which are not susceptible of affecting the essential characteristics of said Products though.
3. A&L strives to offer its Clients the most reliable and qualitative information regarding the Products sold on the Website.
The Client is encouraged to read the information on the Products' labelling upon receipt, being reminded that they are solely responsible for the choice of Products and their use, including their storage conditions, consumption and transport.
The Client is solely responsible for the compatibility of the ordered Products with those they use, be it equipment or liquids.
4. For any question about the Products and their use, the Client is invited to contact the customer service using the contact details provided in this Agreement.
5. The Products are offered for sale within Metropolitan France, including Corsica, as well as in Germany, Luxembourg, the Netherlands, Austria, Denmark, Italy, Spain and Portugal.
6. The Products' offers and prices are valid as long as they are published on the Website, while stocks last and following the availability conditions provided at the time of order.
7. In the case of a temporary or definitive unavailability, be it total or partial, of the Product(s) ordered, the Client will be notified as soon as possible by e-mail of the possibility to cancel all or part of said order.
In case the Client wishes to cancel all or part of their order, the Seller will proceed to a refund, in accordance with the conditions listed in this Agreement.
3. ORDERS
3.1 CLIENT REGISTRATION
1. Placing an order on the Website cannot be done without creating a free Client Account beforehand on said Website and acknowledging this Agreement and the Website's Terms of Use.
However, the costs linked to the Client's computing equipment (computer, smartphone, tablet, etc) and Internet connection remain at their expense.
2. When creating their Client Account, the Client promises to give exact and true information about their situation, as well as regularly check their data before every new order and to modify them in their Client Account if needs be.
The Seller brings the Client's attention to the necessity of supplying a valid e-mail address and phone number.
3. The Client must be a natural person of at least 18 years of age and have the legal capacity to place an order on the Website.
It is reminded that the Products offered on the Website are not accessible to natural or legal persons who wish to purchase them for a commercial or liberal professional activity.
Any professional wishing to place an order in the course of its business activities must contact A&L directly, outside of the Website.
4. The Seller reserves the discretionary right to retrospectively refuse or invalidate the registration and order of a Client whose information would prove to be inaccurate, in particular in regards to their age.
5. The creation of a Client Account necessarily implies the Client to choose a confidential password, which allows theim to access their Client Account and place orders on the Website.
This password can be modified online through the Client Account.
This password is personal, confidential and non-transferable, and the Client must not share it with third parties.
Any access to the Client's Account using their password is deemed to have been made by the Client.
6. The Seller cannot be held responsible, in any case, for any fraudulent or abnormal use of the Client's password and/or Client Account. The Seller reserves the right to temporarily suspend access to the Client Account if such uses were noticed.
7. The Seller also reserves the right to access the Client's account solely for the purposes of technical maintenance of the Website.
In this Agreement, the Seller guarantees the permanent maintenance of the Client's password confidentiality.
3.2 ORDER PROCESS
1. The contractual information along with the order's details (price, discounts, Product characteristics, quantities, shipping information) are listed in a detailed summary before the final confirmation of the Order Form.
The Client is invited to carefully read the details of their order and to correct any mistakes it could contain before confirming it and clicking on the ORDER button.
2. Clicking on the 'ORDER' and then 'PAY' buttons, by choosing your payment method, at the end of the order process (i) formalises the Client's acceptance of the order's content and conditions, (ii) the acceptance that it implies a payment obligation, (iii) the full and final acceptance of this Agreement, and (iv) constitutes an electronic signature.
3. After having confirmed their order on the Website, the Client will receive an e-mail receipt from the Seller that sums up its elements (hereafter the 'Order Confirmation E-mail'), provided the e-mail address given when creating the Client Account is valid and has no mistakes.
The Order Confirmation e-mail constitutes the acceptance by the Seller of this order and thus forms the sales contract between the Client and the Seller.
It contains all the constituent parts of the contract signed between the Client and A&L (ordered Products, prices, delivery address, type and cost of shipping, etc.)
4. The Seller reserves the right to not confirm an order for whatever reason. It can be due to the Client's age, an issue with the Product's availability, or a dispute regarding the payment of a previous order.
5. Furthermore, the Seller reserves the right to not confirm, put on hold or even cancel any order, whatever its degree of completion, for any reason, in regards to the Client's age, the Product's availability, or to a non-payment or partial payment of any sum that would be owed by the Client, or to a dispute regarding the payment of a previous order, or even in the case of a fraudulent or attempted fraudulent use of the Website.
3.3 PROOF OF ORDER
The computer records, kept in the computer systems of the Seller or its subcontractors, with reasonable security conditions, are considered proofs of communication, orders and payments between the Client and the Seller.
The archival of the Order Forms, Order Confirmations and invoices is done on a reliable and durable medium that can be used as proof.
4. FINANCIAL TERMS AND CONDITIONS
4.1 PRICES
1. The Products shall be supplied at the prices in force at the time the order is placed, as displayed on the Website, in Euros and inclusive of all applicable taxes.
Such prices do not include packaging, handling, processing, shipping, transportation or delivery charges, which shall be charged in addition, in accordance with the conditions specified on the Website and applicable to all Clients.
2. The price of the Products selected by the Client will appear in the order summary, including all French taxes, packaging, shipping and any other processing fees relative to said order.
3. A&L reserves the right to modify its prices at any time, but the Products will be billed at the current prices at the time of order, provided they are available at that time.
4. If the corrected price is cheaper than the one displayed on the Website, the Seller will apply the lower rate and refund the difference, following the terms listed in article 9. If the corrected price is more expensive than the one displayed on the Website, the Seller will inform the Client and proceed to cancel the order, unless the Client accepts the order's new price by confirming this acceptance via an e-mail addressed to the Customer Service. In this case, the Client is invited to pay the difference between the amount already paid for and the final owed sum, following the conditions indicated by the Seller.
5. The Client guarantees the Seller they have the necessary authorisations to make a purchase with the payment method they selected when confirming their order.
The Seller reserves the right to ask for a copy of a piece of ID.
As part of the fight against Internet frauds, the information about the Client's order can be shared with any third party authorised by law or designated by the Seller for the sole means of verifying the Client's identification, the validity of the order, payment method used and envisaged delivery method.
6. The Seller will proceed to debit the Client's card at the time of online payment.
4.2 PAYMENT
1. The orders are exclusively payable in Euros.
2. Paying for the orders can be done:
a) online, on the Website, by card, using the CREDIT AGRICOLE Bank's secure payment solution.
The Client will have to enter the name and surname of the card owner, its number and expiry date, as well as the security code (CVV) featured on the back of the card.
The following cards are accepted, only if they are linked to a bank account based in the euro zone: Debit/Credit Card, Visa, MasterCard.
Furthermore, the Client will have to submit to the 3D SECURE authentication system, set up by the VISA and MASTERCARD networks to reinforce the security of the transactions made by owners of VISA and MASTERCARD cards.
During the transaction, the Client's bank checks that the Client is indeed the rightful owner of the card.
The Seller will proceed to debit the Client's card when they pay for the full amount of their online order.
The Seller guarantees the safety and confidentiality of the Client's card information.
The CREDIT AGRICOLE Bank has indeed adopted the TSL encrypting system, which ensures the reliability of the exchanges and transactions by encrypting all of the given personal data necessary to fulfil the orders, such as e-mail addresses, delivery addresses, card numbers and bank details.
These bank details are encrypted and directly transmitted to the CREDIT AGRICOLE Bank via a secure connection, without transiting via the Website.
b) online, on PAYPAL's website, by card, using the PAYPAL service, or via the Client's PAYPAL account if they already have one.
The fees linked to using and paying with PAYPAL's service are entirely covered by the Seller, and the Client does not need to create a PAYPAL account beforehand.
The following cards are accepted: Debit/Credit Card,Visa, MasterCard.
PAYPAL will proceed to debit the Client's card when their online payment is confirmed.
c) by bank transfer:
The Seller will provide its bank details to the Clients who want to pay with this method.
The order will be shipped to the Client only when the owed sums are effectively received on the Seller's bank account.
3. Processing and shipping the order to the Client will be subject to the full receipt of the order's amount beforehand, whatever the Client's payment method is.
4. Any delay or issue with the payment will result in the Seller applying the following mark-ups from the moment of dispatch to the Client, via a formal notice in a recorded delivery letter:
a) a 40€ fixed fee, covering administrative and accounting costs,
b) 1% per month, for the late payment interest, starting on the due date,
c) for legal damages:
i) the whole of the subsequent expenses due to the non-payment, such as bank rejection charges,
ii) the whole of the expenses incurred in recovering these owed sums, including any potential lawyer and bailiff expenses.
5. As part of the fight against Internet frauds, the information regarding the Client's order can be shared with any third party authorised by law or designated by the Seller for the sole mean of verifying the Client's identification, the validity of the order, payment method used and envisaged delivery method.
4.3 INVOICE
Upon placing an order, the Client shall automatically and immediately receive, by email, an invoice issued in the Client's name.
5. CANCELLATION - WITHDRAWAL
1. Once the order is confirmed, it is no longer possible to cancel it. However, you can assert your withdrawal rights as specified in this Agreement.
2. The article L.221-18 of the Consumer Code states that the Client has a fourteen (14) day period from the delivery date of the Products they ordered online to assert their withdrawal rights in regards to the long-distance contract and return said Products to the Seller, without justification.
If this period expires on a Saturday, a Sunday or a bank holiday, it will be extended until the following Working day.
This withdrawal right can be exerted without penalties, excepted for the return costs that are at the Client's expense.
3. A Client wishing to exercise their right of withdrawal must, before the expiry of the fourteen (14)-day withdrawal period, send to Customer Service the withdrawal form available for download on the Website. For the purposes of compliance with the time limit, the postmark shall constitute proof of the date of dispatch. The form may be submitted either electronically, in accordance with the instructions provided on the form, or by registered letter with acknowledgment of receipt, or by any other written means capable of providing reliable evidence of the date of dispatch.
If the Client does not use the withdrawal form made available to them, they may alternatively exercise their right of withdrawal:
- by means of an unequivocal statement expressing their decision to withdraw, sent to the Seller by registered letter with acknowledgment of receipt within fourteen (14) days from the date of delivery of the Products.
or
- by using the functionality available on the Website enabling them to exercise their right of withdrawal free of charge, pursuant to Article L221-21 of the French Consumer Code.
4. The withdrawal shall be deemed to have been exercised on the date on which the Client sends the withdrawal form or submits their withdrawal declaration via the Website, in accordance with Article L221-21 of the French Consumer Code. The Seller shall, as soon as reasonably practicable, send an email acknowledging receipt of such request, including in particular the content of the withdrawal declaration as well as the date and time of its submission.
Such acknowledgment shall also specify the return procedure applicable to the relevant Product(s).
The Products will have to be returned by the Client within a maximum period of fourteen (14) days following the date they communicated their decision to withdraw themselves, following the terms listed in this Agreement.
5. The Seller may oppose the exercise of the Client’s right of withdrawal where the conditions set out in Article L221-28 of the French Consumer Code are met, namely:
“The right of withdrawal may not be exercised for contracts:
3° The supply of goods made to the consumer’s specifications or clearly personalised;
4° The supply of goods likely to deteriorate or expire rapidly;
5° 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° The supply of goods which, after delivery and by their nature, are indissociably mixed with other items.”
Also for hygiene reasons, this withdrawal right cannot be applied to Products that have been used.
Accordingly, the Client is authorised to handle and test the Products only to the extent that would be permitted in a physical retail store.
However, Products or components thereof that come into direct contact with the mouth (including, in particular, drip tips, mouthpieces, disposable e-cigarettes with integrated mouthpieces, cartridges and pre-filled pods intended for oral use) shall not be eligible for the right of withdrawal once they have been unsealed by the Client after delivery, due to the risk of microbial contamination associated with such use and the impossibility of guaranteeing their sanitary safety in the event of resale.
The Client will make sure to take particular care of the Products from the moment of delivery to their return.
6. If the returned Products do not comply with the conditions set out herein (in particular where the depreciation of the Product observed as a result of its use by the Client exceeds that resulting from handling necessary to establish the nature, characteristics and proper functioning of the Product, the Seller reserves the right:
i) to refuse the return of said Product, which will be kept available to the Client, at their own risk, for a period of six (6) months from the day the Product is received by the Seller. The Product can be sent back to the Client at their request and at their own expense (except for the case where the Product will have been received by the Client in this state).
ii) to not fully refund the Client by deducting any owed compensations due to the Product being damaged, if the damage occurred after delivering said Product to the Client.
7. Furthermore, the Seller advises the Client to obtain a proof for any parcel sent to the Seller and to send the Product back using a recorded delivery parcel or a letter with a statement of value. A&L will not be responsible for any Product loss or damage during transport.
8. The Client shall be reimbursed, without undue delay, for the amount of the order (including the initial delivery costs, in accordance with the conditions set out in Article 9 of this Agreement), and in any event no later than the earliest of the following dates:
the date of receipt of the Products by the Seller; or
the date on which the Client provides proof of dispatch of the Products.
However, return shipping costs shall remain at the Client’s expense.
9. Any return request received by the Seller after the fourteen (14) day withdrawa period will not be accepted, except in cases of non-conformity or hidden defects.
6. DELIVERY
6.1 Delivery
1. The Products are delivered within Metropolitan France, including Corsica, as well as to certain French overseas territories (Guadeloupe, Saint Barthélemy, Saint Martin, Martinique, Réunion, French Guiana, Mayotte, and Saint Pierre and Miquelon).
They are also delivered to certain international countries (Germany, Luxembourg, the Netherlands, Austria, Denmark, Italy, Portugal and Spain).
For any other territories than those listed above, the Client is invited to contact A&L to examine the possibility and particular conditions of a potential delivery to said territory.
2. The Products are delivered using the shipping details supplied by the Client at the time of order, which also feature in the order confirmation e-mail.
The Seller will not be held responsible for any delivery impossibility or delay if the Client's shipping information (including name, surname, phone number, street number and name, postcode, e-mail address, etc.) is incorrect or erroneous.
The Seller will not be held responsible for any delivery impossibility or delay caused by the Client not receiving the e-mail or SMS detailing the shipping and delivery information of their Products, in particular if they are caused by various technical issues susceptible to hinder the proper communication of said information, on which the Seller has no control.
3. For a 'Colissimo' delivery, there is no Client or recipient signature needed, the package is simply left in the recipient's letterbox by La Poste's service.
4. For any other delivery option, as well as for the 'Lettre Max' delivery and in the cases where the recipient's letterbox would be of insufficient size, the package is given to the Client or recipient directly.
If the Client or recipient is absent, or the letterbox too small, the order's Client or recipient will receive a non-delivery notice, allowing them to retrieve the package at the post office branch indicated on the notice, for a period of fourteen days.
The Client or recipient of the ordered Products is invited to check, in presence of the deliverer, the condition of the packaging and merchandise upon delivery.
5. If the Client or recipient is absent upon delivery, and if they do not retrieve the Products within La Poste's given time-frame, they will be returned to the Seller who will refund the Product's cost to the Client, net of any shipping, return and processing fees, following the terms in this Agreement, except if the Client wants their order to be shipped again, at their expense.
6. If the Client or recipient of the ordered Products would notice a damage or a lacking, whether it be the state or content of the package, they are invited to:
i) comply with Colissimo's procedure (including reporting the damages, complaints and reservations) and refuse the merchandise by immediately emitting an incident report to La Poste's agent.
ii) notify these incidents to the Seller by contacting the Seller's Customer Service using the details listed in article 12, within 7 working days following the Product's delivery date.
6.2 Shipping methods
1. The shipping methods vary depending on the quantity of ordered Products and the Client's choice.
Information about the Seller's shipping options and costs, as well as the delivery times, are listed in the Delivery section.
2. The shipping costs always include an insurance for the package's loss or Product damages, except for non-material damages such as prejudices due to delays and indirect prejudices (loss of enjoyment, etc.).
6.3 Delays
1. The delivery times are displayed on the Website's carrier selection page. This delivery time is recorded on most of the territory and is for indicative purposes only. Any delay on the carrier's part inferior to a seven (7) day period cannot lead to a claim.
If the delay in regards to the forecast delivery deadline is over seven (7) days, the order can be cancelled and refunded to the Client, under the condition they send a recorded delivery letter that expressly states they want to cancel the order to the Seller.
In this case, the Client will be refunded following the terms listed in article 9 of this Agreement.
Time limits are expressed in working days (excluding Saturdays, Sundays and bank holidays).
2. The Products shall be shipped within an average period of one (1) to two (2) working days following the sending of the order confirmation email, to which shall be added the delivery times of the selected carrier, which generally range from two (2) to three (3) working days for Metropolitan France and from two (2) to seven (7) working days for the overseas territories and international destinations.
This information is given for indicative purposes only, the Seller is committed only to the delivery times given at the time of order.
7. WARRANTIES
7.1 CONFORMITY AND APPARENT DEFECTS
1. In order to avoid any inconveniences to the Client, the Seller checks the Products' conformity in regards to the order before shipping.
2. The Consumer Code defines and regulates the legal conformity warranty in the following way:
Article L217-3 of the French Consumer Code:
“The seller shall deliver goods that comply with the contract and with the criteria set out in article L. 217-5.
It is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of article L. 216-1, which appear within a period of two years from the date of the contract.”
Article L217-4 of the French Consumer Code:
“The good conforms to the contract if it meets in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller no later than at the time of conclusion of the contract and accepted by the latter;
3° It is delivered with all the accessories and installation instructions that are to be supplied in accordance with the contract;
4° It is updated in accordance with the contract.”
Article L217-5 of the French Consumer Code:
“I.-In addition to the criteria of conformity with the contract, goods are conforming if they meet the following criteria:
1° It is fit for the purpose normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, prior to the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II.-However, the seller is not bound by any of the public statements mentioned in the previous paragraph if he demonstrates:
1° That he was not aware of them and could not legitimately have been aware of them;
2° That at the time the contract was concluded, the public statements had been corrected under conditions comparable to the initial statements; or
3° That the public statements could not have influenced the decision to purchase.
III.-The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods, which he was specifically informed deviated from the criteria of conformity set out in this article, a deviation to which he expressly and separately consented when the contract was concluded.”
Article L217-12 of the French Consumer Code:
“The seller may refuse to comply with the consumer's chosen remedy where the requested remedy is impossible or would entail disproportionate costs, taking into account in particular:
1° The value that the goods would have if there were no lack of conformity;
2° The significance of the lack of conformity; and
3° Any possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°.
Where these conditions are not met, the consumer may, after formal notice, pursue compulsory performance in kind of the solution initially sought, in accordance with articles 1221 et seq. of the Civil Code.
Any refusal by the seller to proceed according to the consumer’s choice or to bring the goods into conformity shall be justified in writing or on a durable medium.”
Article L217-16 of the French Consumer Code:
“In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to cancel the contract. The consumer returns the goods to the seller at the latter’s expense. The seller shall reimburse the consumer for the price paid and return any other benefits received under the contract.
If the lack of conformity relates only to certain goods supplied under the contract of sale, the consumer shall have the right to rescind the contract in respect of all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only those goods which are in conformity.
For contracts mentioned in II of article L. 217-1, providing for the sale of goods and, as an accessory, the supply of services not covered by this chapter, the consumer has the right to rescind the entire contract. In addition, in the case of a bundled offer within the meaning of article L. 224-42-2, the consumer has the right to rescind all related contracts.
The respective obligations of the parties to the contract, mentioned in article L. 224-25-22 and relating to the consequences of rescission for digital content and digital services, are applicable to the rescission of a contract for the sale of goods containing digital elements.”
3. .Accordingly, under the statutory legal guarantee of conformity, the Seller undertakes to repair or replace any Products that do not meet the conformity requirements set out in the provisions of the French Consumer Code reproduced in these Terms and Conditions.
Where repair or replacement is impossible, the Seller undertakes to provide an appropriate price reduction or to terminate the contract and reimburse the Client for the Products concerned.
4. In such a case, the Client has a two (2) year period from the Products' delivery date to notify the Seller about any reservations concerning the delivered Product's conformity, via an e-mail addressed to the Seller's Customer Service, including using the contact form.
5. The Seller will then send an e-mail confirming the acceptance of the Product's return and, if needs be, a return number that the Client will have to display on the package when returning the nonconforming or defective product.
6. The Client shall take particular care of the Products between the time of their delivery and any potential return. The Client shall keep and use the Products with all reasonable care.
Where the alleged defect can only be identified after the Product has been opened, used or tested (including, in particular, vaping devices, atomizers, batteries and e-liquids), the Seller may accept the return of a Product that has been unsealed or used, but only to the extent strictly necessary to establish the existence of the alleged defect.
7. If the returned Products do not fulfil the conditions listed in this Agreement, the Seller reserves the right:
i) to refuse the return of said Product, which will be kept available to the Client, at their own risk, for a period of six (6) months from the day the Product is received by the Seller. The Product can also be sent back to the Client at their request and at their own expense (except for cases where the Product will have been received by the Client in this condition).
ii) to not fully refund the Client, by deducting any compensation costs due to the Product being damaged, if this damage occurred after delivering said Product to the Client.
8. Furthermore, the Seller advises the Client to obtain a proof for any parcel sent to the Seller and to send the Product back using a recorded delivery parcel or a letter with a statement of value.
9. Any return accepted by the Seller, in the event of a delivered Product's non-conformity, witnessed and confirmed by the Seller, will allow the Client to get a free replacement or a refund of said Product, in accordance with the conditions in the the 'Refund' article, excluding any other compensation.
10. In the case of a refund demand for said Product, accepted by the Seller, the shipping and return costs of said Product will be refunded based on the billed sum. However, the Seller retains the capacity of refunding the Client at the current Colissimo rate (with signature) detailed on La Poste's website.
If the Client opts for a refund voucher, the initial shipping costs (which will be priced at the standard delivery rate) and Product price will be credited into their Client Account.
The Seller will not accept packages sent with postage due.
Any risks linked to the return of the Products will be at the Client's expense.
11. The above-mentioned two (2)-year statutory legal guarantee of conformity may apply to chargers, cables, batteries and Products incorporating a built-in battery, it being understood that the gradual loss of battery capacity resulting from normal wear and tear due to charging cycles, age or the conditions under which the Product is used shall not constitute a lack of conformity.
However, batteries whose malfunction results from the use of an atomizer, car charger or USB charger not purchased from A&L are excluded from any warranty.
The Client shall be solely responsible for ensuring the compatibility of the Products ordered with any other products or accessories acquired.
The Client acknowledges and agrees that any malfunction, failure or lack of conformity resulting from impact, improper use, inadequate maintenance or improper storage of the Products shall not be covered by the warranty.
Accordingly, the Seller reserves the right to refuse any Product showing signs of impact damage or scratches.
7.2 HIDDEN DEFECTS
1. The Seller is legally bound to a warranty against hidden defects, defined by article 1641 of the Civil Code as follows: 'The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if they have known of the defects.'
Article 1648.1 of the Civil Code states that 'an action resulting from prohibitive defects must be brought by the buyer within two years from the discovery of the vice'.
2. Thus, the Client has a two (2) year period from the discovery of the hidden vice affecting the Product to send the Seller a demand to benefit from the warranty against the hidden vices that would affect the Products.
3. To benefit from the Product's warranty, the Client must imperatively keep the Product's invoice.
4. In any case, the Client who reports the existence of a hidden defect will have to be able to demonstrate that:
the defect was there prior to the sale,
the Product has been kept, stored and used in conditions suiting the nature and characteristics of said Product,
the defect is not caused by time and normal wear of the Product.
5. In order to allow the Seller to check the Products themselves, it is asked of the Client to keep them available following the conditions that will be communicated to them, bearing in mind that the Seller will organise their removal at their expense.
6. In the event where the Client does not want the free replacement or repair of the Product, the refunding will be done following the terms listed in article 9.
8. TITLE RETENTION CLAUSE
By express agreement, the Seller retains the ownership of the supplied Products up to the day of their full and final payment, in accordance with the terms of the law n°80 336 of the 1st May 1980, concerning the retention of ownership.
This provision does not relieve the Client of the risks linked to the sold Products, this transfer happens when the Products are delivered to the address supplied by the Client at the time of order, or when withdrawing the Products at the post office.
9. REFUNDS
1. The Products' refunds in the conditions listed in this Agreement will be carried out in fourteen (14) days or less after the receipt of the Client's returned Products by the Seller.
2. The refund will apply to the entirety of the sums paid by the Client for their order, including the shipping costs to the Client. However, in the event where the Client had initially chosen an express delivery service, the Seller reserves the right to refund the Client up to the cost of a standard delivery.
It is reminded that if the Client is exerting their withdrawal right, the return costs will not be refunded at all.
In all other cases of return, other than where the right of withdrawal is exercised, the return shipping costs shall be reimbursed to the Client, provided that the Client submits the necessary supporting documentation to the Seller (carrier invoice).
3. The refund will be carried out following the initial payment method chosen by the Client or, if the Client gave their prior agreement, by any other means offered by the Seller, among which are included the refund voucher or gift voucher.
10. RESPONSIBILITY
1. The Seller cannot be held responsible for the contract's non-completion in cases of acts of God, as it is defined by article 1218 of the Civil Code, or due to the Client themselves or an insurmountable and unpredictable event caused by a third party.
2. The Client is solely responsible for their choice of Products, as well as their conditions of storage and usage, in particular in regards to where the Client uses them.
11. INTELLECTUAL PROPERTY
1. All the visuals and photographs visible on the Website are necessarily protected by copyright and all other intellectual property rights and belong to the Publisher or to third parties who have allowed the Seller to use them. Any reproduction and/or use of any kind, without permission, of a visual or photography displayed on the Website constitutes a counterfeit and will be subject to prosecution.
2. The Client must not copy, resume, modify, alter or re-disseminate, without prior authorization from A&L, any text, title, application, graphic charter, brand, information or illustration for anything else than a strictly private use.
12. CUSTOMER SERVICE
For any information or query, the User can contact the Publisher:
by phone, at +33 (04) 77 40 09 71: Monday to Friday, except bank holidays, from 9am to 6pm non-stop
by email, using our contact form, a reply will be provided within 24 working hours
by post, at the following address: Arômes et Liquides 405 rue Jacques de Lesseps 42160 ANDREZIEUX-BOUTHEON – FRANCE.
13. PERSONAL DATA
1. The Client is informed that, in connection with the processing of its customer data, A&L acts as the data controller within the meaning of the General Data Protection Regulation (GDPR).
In this respect, the Seller hereby informs the Client that the personal data collected, including the Client's email address, surname, first name, postal address, bank details and/or Website login credentials, are processed and retained for the purposes of performing the contract and for its duration, which the Client acknowledges and accepts by accepting these Terms and Conditions. Such personal data are collected for the purposes of customer and order management, including in particular:
carrying out all administrative operations relating to contracts, orders, invoices, payments and accounting;
processing payment transactions;
providing communication tools enabling the digital management of customer relations;
implementing control procedures, including measures to prevent fraud and corruption.
The Client is further informed that they have the right, on legitimate grounds, to request access to, rectification, updating or erasure of their personal data, or to object to their processing. Such rights may be exercised by contacting A&L using the contact details of the Data Protection Officer (DPO) set out in Article 13 of these Terms and Conditions, together with proof of identity.
A&L undertakes to ensure the confidentiality and security of the personal data processed and informs the Client that no personal data are transferred to any third party or outside the European Economic Area in connection with such processing.
A&L will reply within a maximum of two (2) working days following the reception of the demand.
2. A&L stores the Client's personal data on its own servers and commits to guarantee the privacy, safety and integrity of this data, which will be stored for one (1) year after the potential closure of the Client Account by the Client, one (1) year after the last query or contact via the Website, one (1) year after unsubscribing from a newsletter, if they had subscribed beforehand.
The Client is informed that, in connection with the processing of its customer data, A&L acts as the data controller within the meaning of the General Data Protection Regulation (GDPR).
In this respect, the Seller hereby informs the Client that the personal data collected, including the Client's email address, surname, first name, postal address, bank details and/or Website login credentials, are processed and retained for the purposes of performing the contract and for its duration, which the Client acknowledges and accepts by accepting these Terms and Conditions. Such personal data are collected for the purposes of customer and order management, including in particular:
- carrying out all administrative operations relating to contracts, orders, invoices, payments and accounting;
- processing payment transactions;
- providing communication tools enabling the digital management of customer relations;
- implementing control procedures, including measures to prevent fraud and corruption.
The Client is further informed that they have the right, on legitimate grounds, to request access to, rectification, updating or erasure of their personal data, or to object to their processing. Such rights may be exercised by contacting A&L using the contact details of the Data Protection Officer (DPO) set out in Article 13 of these Terms and Conditions, together with proof of identity.
A&L undertakes to ensure the confidentiality and security of the personal data processed and informs the Client that no personal data are transferred to any third party or outside the European Economic Area in connection with such processing.
A&L will reply within a maximum of two (2) working days following the reception of the demand.
2. A&L stores the Client's personal data on its own servers and commits to guarantee the privacy, safety and integrity of this data, which will be stored for one (1) year after the potential closure of the Client Account by the Client, one (1) year after the last query or contact via the Website, one (1) year after unsubscribing from a newsletter, if they had subscribed beforehand.
3. The Client expressly acknowledges and accepts that A&L has the right to collect big data, meaning massive and anonymous data, as part of the Website's operation, and to exploit them for statistical and/or qualitative or quantitative analytical purposes, free of charge or paid.
4. The Client's data is also used to strengthen and personalise the communication intended for them, including any newsletters they are subscribed to.
5. A&L does not use clients' phone details for cold-calling purposes. However, the Bloctel service protects consumers from abusive telephone marketing practices.
More information on https://www.bloctel.gouv.fr/
14. PRODUCT COMMENTS – LOYALTY PROGRAMME
14.1 PRODUCT COMMENTS
a) The Client is invited to publish comments on the Website (hereafter the 'Comments') about the Products they have actually ordered from the Seller.
b) The Client will make sure they rate the Products they have ordered on the Website in the most objective way possible.
c) The words written by the Client as part of their Comments linked to the Products are the views of the Client only and are their sole responsibility.
d) Are expressively forbidden in the Comments any messages, statements and information that would violate the various Laws and Regulations in effect nationally and internationally, corresponding to political propaganda, religious proselytism, detrimental to rights and interests of third parties, menacing, insulting, spiteful, derogatory, invasive of privacy or image rights, disclosing personal information, racist, encouraging violence, hatred, discrimination, libellous, revisionist, pornographic, paedophile, harmful to human dignity or privacy, or even intellectual property, and in general that would be contrary to public order or morality.
In the same way are forbidden any messages and content having an advertising or commercial nature, or that would not be in line with the Website's editorial policy.
e) Furthermore, the Client is forbidden to seize, download or share any software or content that includes computer viruses or any other code, file or software designed to interrupt, destroy, limit or harm the Website, software functionalities, computers, servers, networks or telecommunication tools, and this list may include other elements without limitation.
f) As part of its Service, A&L does not modify or alter any Comments published by Clients on their Website and displays them on the Website as they are.
g) However, A&L reserves the discretionary right to remove any Comments after their publication:
(i) if they do not respect the conditions listed in articles 15.1 (e) and 15.1 (f) of this Agreement or that would be susceptible to harm rights of third parties,
(ii) as part of a demand made by a third party, following the formal requirements listed in article 6.5 of the Law n°2004-575 of 21st June 2004,
(iii) in the cases where a judicial injunction would force the Seller to remove or edit a Client's Comment.
(h) Thus, A&L cannot be held responsible for any direct or indirect prejudice suffered by the Client or third parties caused by Comments published by A&L on their Website, or for the behaviour and actions of the Client throughout the Website. The responsibility of these Comments and behaviours are the Client's sole responsibility.
Consequently, the Client commits to cover and guarantee A&L against any intended actions against it for the facts listed in this article, and to cover any expenses as part of this, including lawyer fees incurred by any judicial or non-judicial action filed by a third party against A&L, and incurred by any transaction as well as any compensation or fine that could result from these actions or transactions.
i) A&L reserves the discretionary right to definitively delete a Client's Account, without theim being able to create a new one on the Website, if they violate any of the bans listed in Agreement.
14.2 LOYALTY PROGRAMME
A&L offers the Client a loyalty programme that offers loyalty points in consideration of purchases of Products made through the Website.
15. VARIOUS
1. If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable by virtue of any present or future law or regulation, or pursuant to a final decision having the force of res judicata issued by a court or other competent authority, such provision shall be deemed severed from these Terms and Conditions and treated as if it had never been included, without affecting the validity, legality or enforceability of the remaining provisions, which shall remain binding upon the Parties.
2. The fact that one of the Parties does not avail itself at a given time of any of the provisions of this Agreement will never be considered as a waiver from their part of the rights they detain from said Agreement.
16. OBJECTION TO TELEPHONE MARKETING
The Client is informed that, where they provide A&L with their telephone number for the purpose of validating their order, they are entitled, pursuant to Article L223-2 of the French Consumer Code, to register on the national opt-out list for telephone marketing.
More d'information on https://www.bloctel.gouv.fr/accueil
17. APPLICABLE LAW – DISPUTES
1. These General Terms and Conditions are regulated by French law, and only the French version is valid in regards to their interpretation.
2. Any dispute resulting from the application or interpretation of the Terms's provisions obliges the parties to get in contact and try and find an amicable agreement to their dispute before seizing the competent jurisdiction.
3. THE CLIENT RECOGNISES AND ACCEPTS THAT ONLY THE FRENCH COURTS HAVE AUTHORITY, IN APPLICATION OF THE RULES ENACTED BY THE FRENCH CIVIL PROCEDURE CODE.
4. In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, the Seller has established a consumer mediation procedure. The designated consumer mediation body is SAS CNPM – MÉDIATION – CONSOMMATION.
In the event of a dispute, the consumer may submit a complaint via the following website:
http://cnpm-mediation-consommation.eu
or by post to:
CNPM - MÉDIATION - CONSOMMATION
27, avenue de la Libération – 42400 SAINT-CHAMOND - France
Article R612-4 of the Consumer Code:
The ombudsman, by making known to the parties the solution it offers, reminds them, via letter or electronically:
1) That they are free to accept or refuse its solution offer,
2) That participating to the mediation does not exclude the possibility of a remedy in front of a jurisdiction,
3) That the solution can be different than the one decided by a judge.
The ombudsman also specifies the legal effects of accepting the solution proposition and sets a deadline for accepting or refusing it.