GENERAL TERMS AND ONLINE SALES CONDITIONS
Article 1: GENERAL PRINCIPLES
The present general terms and conditions constitute a distance sales contract, defining the rights and responsibilities of A.B CONNEXION Company and the Client in the framework of the buying and selling of catalogued items on thewww.vapecityshop.com. website
The terms and conditions only apply to purchases made by buyers in France and delivered exclusively on French territory, as the legislation applicable to distance selling for clients domiciled in foreign countries may be different to the present terms and conditions. Consequently, for all deliveries made outside French territory, the principles of the present general terms and conditions will only apply if they are non contradictory to the legislation of the country under consideration.
The present terms and conditions are concluded between the A.B CONNEXIONCompany, hereafter named «Vape City Shop and any person wishing to make a purchase, hereafter named the "Client' via the www.vapecityshop.com website, hereafter named the "Site".
The Clients are consumers, defined as natural persons (acting either for private purposes or in the course of a commercial activity) who wish to make a purchase on the Site.
The validation of an order by the Client implies his or her agreement with the present terms and conditions.
The present general terms and conditions of sales may be amended at any time and without prior notification by Vape City Shop, the amendments being applicable to all orders placed after the aforementioned amendment. Vape City Shop may be obliged to occasionally amend certain points in the general terms and conditions of sales. The Client is therefore advised to re-read the terms and conditions of sales before validating his or her order.
For all questions or complaints concerning items, orders, personal information, right of withdrawal, pick-up point for waste recovery or item warranty, the Client may contact A.B CONNEXION company:
1/ By post: A.B CONNEXION, place du marché aux herbes 60200 COMPIEGNE FRANCE .
2/ By phone +0033 1 71 06 33 50
3/ By e-mail : firstname.lastname@example.org
ARTICLE 2: THE SITE - THE ITEMS - AVAILABILITY
All the contents of the Site (illustrations, texts, denominations, brand names, images, videos) are the property of A.B CONNEXION company. Partial or complete reproduction of the Site is prohibited, unless the A.B CONNEXION Company gives its express and prior authorisation. The A.B CONNEXION Company does not authorise the creation of hypertext links without its express and prior agreement.
The items advertised for sale by Vape City shop are presented in detail such that any consumer is able to know the essential features of the items that he or she wishes to purchase, in particular by means of technical specifications drawn up by its partners and suppliers, and photographs illustrating the items.
Consequently, Vape City Shop is not liable for possible errors that do not misrepresent the essential features of the items. The photographs, illustrations and texts appearing on the Site are not contractual elements. The items are brand new. They are offered for sale while stocks last and within the possibility of restocking through Vape City Shop suppliers.
The availability of items will be definitively validated in the order shipment confirmation which will be addressed to the Client by email.
If one of the items ordered is not available during the preparation of the Client's order, Vape City Shop guarantees to contact the Client by email as soon as possible after the order is placed to give the Client an estimated delivery date, notwithstanding that the Client is entitled to cancel his or her order.
If it should be impossible to supply an item, the Client will be given the possibility to replace it with another item of similar quality, features, and price. Failing that, if the Client should cancel the order for the item concerned, the reimbursement for the unavailable item shall be made no later than fifteen (15) days after deposit of the sum paid by the Client. The reimbursement shall be made by accrediting the Client's bank account.
The cancellation of an item in an order and its reimbursement shall have no effect on the remainder of the order, which remains confirmed and definitive.
Vape City Shop informs the Customer that it is formally forbidden to dispose batteries with household waste or to reject them in the natural environment. The customer is informed that he will have to deposit them in all places adapted to the recovery of this type of waste.
Article 3 : ORDERS
The Client declares that he have the capacity to enter into the present contract; in other words that they are an adult in the legal sense and are not under guardianship or curatorship.
The Client will place the order in accordance with the indications given on the Site. He or she promises to complete the inscription and order form taking care to give complete and precise information as necessary. In any event, the Client is responsible for information entered on the inscription form and during order placement. In the case of any error, Vape City Shop could not be liable for any adverse effects or delivery delays for items or services thus caused (name or address error,…)
The steps to confirm a purchase on the Site are as follows:
- The Client chooses an amount of item(s)
- The Client chooses any/some item(s) by clicking on the "Buy" button
- The Client then clicks on the "My Shopping Cart" button and confirms the order by clicking on the "confirm order" button
- The Client confirms the order by clicking on the "My Shopping Cart" button
- The Client completes his/her ID details and password – if they are still not subscribed, their account will automatically be created when the first order is placed as they complete the requested information
- The Client chooses the delivery and billing address(es)
- The Client chooses the shipment method and notes possible shipping fees. He or she accepts the present terms and conditions of sales
- The Client chooses the payment method, proceeds to settle the payment and confirms the order.
Reception of the order by Vape City Shop together with its payment formally confirms the distance sales contract concluded with Vape City Shop. Once the order is validated, the Client may print out a summary of the electronic order. This document must be kept as it constitutes proof of the Client's order and the contract binding the parties.
In all events, Vape City shop reserves the right not to satisfy any Client request/order deemed to be excessive or non-compliant with legislation in general and/or the general terms and conditions or when the Client has not respected his obligations towards Vape City shop.
Any order placed on the Site is automatically cancelled if due payment is not received within 10 clear days
Article 4 : PRICES AND PAYMENT
Selling prices of products listed on the Site are given in Euros including VAT, but excluding shipping fees.
Their total sum is in all events indicated at the end of the online order procedure, before its validation. The price invoiced to the Client is the price indicated on the order confirmation which gives the price of items with VAT to which any applicable shipping fees are added.
Shipping fees are indicated in the Shopping Cart and are calculated according to the destination.
Vape City Shop reserves the right to modify its selling prices at any time. Notwithstanding, prices may not be changed after the order has been placed. Applicable prices for items ordered are those listed on the Site on the day of the order.
Orders can be paid in Euros or in the local currency, in total and at the very time the order is placed.
At no time may sums paid be considered as an advance or deposit.
Payment is made as follows:
- by card on the partner payment site of Vape City Shop: PAYBOX by VERIFONE
- by PAYPAL
- by bank transfer.
the sum total of the order will be debited at the time of order confirmation.
Once payment is validated, the Client receives order confirmation by electronic mail, together with the invoice.
Items sold wholly and entirely remain the property of Vape City Shop until complete payment of all sums due in relation to the Client's order.
Article 5 : DELIVERY – RECEPTION – USE OF PRODUCTS
Delivery is possible to mainland France, to French Overseas Departments and Territories and to countries indicated on the Vape City Shop website . Delivery may be possible outside this geographical area, subject to Vape City Shop acceptance.
Delivery is made to the delivery address given by the Client when placing the order.
Delivery is said to have been made by Vape City shop once the items ordered have been given to the Client by the carrier. Product risks are immediately transferred to the Client at this point in time.
Shipping is ensured by an independent company. The Client agrees to sign the delivery receipt for items received. If the Client is absent at the time of delivery, the latter has 15 work days to collect the package from the carrier or collection point chosen by the Client, starting from the time indicated on the delivery notice left by the carrier. In all events, the Client is informed as soon as possible when the item(s) become available.
Any package returned to Vape City Shop due to an incorrect or incomplete delivery address, or due to the Client failing to collect their package from the carrier or collection point within the indicated time as in the previous paragraph, will be reshipped at the Client's expense.
Deliveries are made, as far as possible, in accordance with the indicative delivery times given on the Site depending on the delivery method chosen and as per the electronic dispatch confirmation for the said order. In the case of a foreseeable delivery delay, Vape City Shop informs the Client as soon as possible by email together with an estimated delivery delay.
By the way, Vape City Shop promise to keep the Client informed about the average delivery times either by mail or by phone.
In all events, Vape City Shop promises to make delivery to the Client/consumer within a maximum of 30 days counting from the time of order confirmation or bank clearance of sums due in the case of a cheque. Should this time period is exceeded and unless there is a case of force majeure, the Client/consumer may cancel the e-sales contract concluded with Vape City Shop by registered letter with acknowledgement of receipt.
In this event, Vape City Shop promises to reimburse the Client/consumer by cheque within 14 days from reception of the registered letter.
After dispatch, Vape City Shop notifies the Client of the tracking number so that they may track their package.
It is the Client's responsibility to check the condition of the packaging and items and the number of items on reception. This check is considered effected as soon as the Client, or a person authorised to do so, has signed the delivery receipt.
It is the Client’s responsibility to express their reservations clearly and precisely on the carrier's delivery receipt in the case of a contention, product deterioration during transport, damage, missing items or delay.
The Client must confirm such reservations with relevant details to the carrier by registered letter with acknowledgement of receipt within three (3) days, excluding Public Holidays, following reception of the items.
Without affecting any claims that may be made against the carrier, claims concerning visible defects or the non-conformity of items delivered shall be notified to Vape City shop in writing within seven (7) days starting from the delivery date or when the items become available.
It is the Client’s responsibility to provide proof concerning the existence of any defects or anomalies observed, in particular by sending to the following to Vape City Shop :
- a photocopy of the letter of reservation addressed to the carrier;
- and a photocopy of the delivery receipt mentioning such reservations.
Any claim made after this deadline will not be taken into consideration.
It is expressly agreed that wording such as "pending a check at the time of unpacking" does not constitute a reservation in the sense of the present article..
In all events, Vape City Shop cannot be held responsible for any delay or non-delivery due to a case of force majeure or a fault committed by the Client.
In the event of non-execution of the contract within the period stipulated, and/or within thirty (30) days from the conclusion of contract, the Client may give formal notice to Vape City shop, by registered letter with acknowledgement of receipt, to execute the sale. Failing that, the Client can cancel the contract by registered letter with acknowledgement of receipt. The contract will be considered as cancelled on reception of this letter by Vape City Shop unless Vape City shop has executed the contract in the meantime; sums paid by the Client will be reimbursed without interest or damages at latest fourteen (14) days after the date when the contract was revoked..
In all events, Vape City Shop cannot be held responsible for any delay or non-delivery due to a case of force majeure or a fault committed by the Client.
In all events, items are used under the sole responsibility of the Client. Under these conditions, the Client is responsible for keeping the item/product in good condition, to use it according to its purpose, by following the applicable instructions on the notices provided by Vape City Shop or by Vape City shop suppliers. In this respect, the Client is advised not to modify the item, installs accessories, additional parts or any other non-conform device on the item/product. Vape City shop cannot be held responsible in any event for defects or deterioration to items that successively undergo abnormal or non-conform use after delivery of such items.
Vape City shop draws the attention of Clients in particular to the specificity of certain commercialised products, some being prohibited for use by minors in particular, and the fact that the applicable legislation for such items may also change.
Article 6 : RETURNS, OBLIGATIONS AND WARRANTIES
Vape City Shop is subject to respect the legal guarantee of conformity (Articles L. 211-4 and onwards of the French Consumer Code) and the legal guarantee against hidden defects stipulated in Article 1641 and onwards of the French Civil Code. Notwithstanding any reservations made to the carrier, claims concerning visible defects, non-conformity or invisible defects of items ordered or delivered shall be notified to Vape City shop in writing and by registered letter with acknowledgement of receipt within four (4) days starting from the delivery date or as soon as possible for hidden defects. It is incumbent on the Client to provide any proof as to the reality of defaults or anomalies observed pertaining to the presumption of non-conformity as stipulated in Article L211-4 of the French Consumer Code. The Client should therefore facilitate any procedure enabling confirmation of defaults or anomalies by Vape City shop on the day of order reception by the Client or the day that the default is discovered.
All returns will result in a credit note being issued to the Client after qualitative and quantitative checks of the returned items. The costs and risks of returning an item are assumed by the Client who has 10 clear days to effect the return of defective items from the date of reception to Vape City Shop. Items must be returned if possible in their original packaging, with their labels and with all their components and accessories; and accompanied with a copy of the bill.
Batteries and electronical mods are guaranteed for 3 months. Clearomizers are guaranteed for 15 days, reconstructible atomizers for 2 months and chargers for 1 month. E-liquids are not returnable and won’t be exchanged.
Therefore, Vape City shop cannot be held responsible for normal wear and tear of its products; for deterioration or accidents due to negligence, lack of maintenance or non-conform use; damage resulting from modifications, incorporations or repairs to the product; malicious acts on the part of the Client or a third party; products washed or cleaned without respecting the instructions on the supplier's notice.
Vape City shop cannot be held responsible for temporary or permanent damage caused to IT equipment and data belonging to the Client, or for possible loss or damage following access to or navigation on the Site in particular.
The transmission of data via the Internet may provoke errors and/or cause the Site to be temporarily unavailable. Consequently, Vape City shop cannot be held responsible for the unavailability of or interruption to its online services.
In the case of non-respect of the procedure described in the present article, no claim will be considered by Vape City shop.
Other than in the case of legal or manufacturer guarantees, the products commercialised by Vape City shop are not subject to any specific contractual guarantee.
Claims covered by manufacturers' guarantees are made in accordance with the return procedure stipulated by the manufacturer. Vape City shop is readily available to inform the Client of such procedures. Guarantees come into effect from the reception date of the product by the Client.
Please note that Vape City shop cannot be held responsible in the case of a manufacturer who refuses a claim for a product under guarantee for legitimate reasons.
In order to make a claim for a product under a manufacturer's guarantee, the Client must keep the bill and the original packaging.
Article 7 : FORCE MAJEURE
In the event of a case of force majeure arising that makes it impossible for Vape City shop to honour its obligations, the contract is immediately suspended from the moment of notification by one of the parties by any means. In the same way, the party concerned shall inform the other party of the end of the force majeure and from the time of such notification, the contract shall be executable again.
If such an event exceeds fifteen (15) days after its notification date, the contract shall be considered legally terminated. Any sums received by Vape City Shop before this date shall be reimbursed to the Client.
Article 8 : CLIENT OBLIGATIONS
The Client promises to transmit to Vape City shop all the necessary elements for successful order execution. In this respect, the Client remains responsible for the content and precision of information transmitted to Vape City shop. Items are used under the sole responsibility of the Client. Under these conditions, the Client is responsible for keeping the item/product in good condition, to use it according to its purpose, by following in particular the applicable stipulations provided by Vape City shop or Vape City shop suppliers.
Article 9 : RIGHT OF RETRACTION
Pursuant to article L.121-21 of the French Consumer Code, the Client has a retraction period of fourteen (14) clear days from the reception date of items ordered.
However, in accordance with article L121-21-8 of the French Consumer Code:
"The right of retraction cannot be exercised in the case of contracts:
-Supply of goods susceptible to deteriorate or expire rapidly;
-Supply of goods that have been unpacked by the consumer after delivery and which cannot be returned for reasons of hygiene or public health safety;
-Supply of goods that, after delivery and by their very nature, are combined in an indissociable way with other articles;"
To exercise the right of retraction, the Client shall, within the time period indicated above, address a letter with acknowledgement of receipt to Vape City shop, indicating their wish to exercise this right or by returning the standard form for exercising the right of retraction to the address given in the present terms and conditions.
The Client shall return the items, to the address mentioned in the present terms and conditions, within fourteen (14) days following their decision to retract, in their original packaging, unused and in perfect condition, without any trace or mark, with their labels, all accessories and any gifts offered. Failing that, Vape City shop shall be fully entitled not to refund the full amount where the Client has exercised his right to try out or test the item in some way (example, use of liquids). The Client shall return the item with a duplicate of the bill as well as the "right of retraction" form duly completed. Only the cost of returning the items is assumed by the Client. Should the required conditions for returning items not be met Vape City shop may deduct part of the sales price in relation to the missing items from reimbursable sums as appropriate.
Vape City shop promises to reimburse the Client/consumer by cheque within 14 days starting from reception of the registered letter indicating the Client's wish to retract or containing the standard right of retraction form. Vape City shop is however fully entitled to defer reimbursement until effective recuperation of the goods.
The reimbursement is paid directly into the Client's bank account, following the same procedures as those used for payment of the goods concerned.
Article 10 : TITLE RETENTION
Items sold by Vape City shop to its Clients remain the property of Vape City shop until full payment is made of the principal amount as well as any costs, interest and incidental amounts. Nevertheless, all risks are transferred to the Client from the time of reception of the items by the Client.
In the case of payment default, Vape City shop, without waiving any other of its rights, may demand by registered letter with acknowledgement of receipt that all items are returned at the risk and cost of the Client. The Client shall also be liable for any legal and procedural fees.
Article 11 : DATA PROTECTION
Vape City shop receives, records, changes, uses and transmits personal data concerning Clients when executing order processing, for Client relations, advisory and other Client services as well as in the commercial interests of Vape City shop, and for the need to keep proof in particular.
Vape City shop shall transmit personal information to third parties (e.g. carriers) when necessary in order to execute its obligations.
The Client disposes of the right to access, modify, rectify and delete data concerning him or herself in accordance with the French Data Protection Act ("Informatique et Libertés") N°78-17 dated 06 January 1978. In order to exercise this right, the Client simply has to contact Vape City shop at the address that figures in the present terms and conditions.
The Client can oppose the use of his or her personal data in any event. The use of personal information for other purposes is only possible with the Client’s consent.
Vape City Shop made a declaration of conformity with the CNIL registered on 02/11/2015 under N° 1900 602 V 0.
ARTICLE 12 : APPLICABLE LAW – DISPUTES SETTLING
The parties agree that the present conditions and their consequences are subject to French law. The contractual and relational language to be used between the parties is French.
The Client is informed of the possibility of recourse, in the case of dispute, to a conventional mediation procedure or to any other alternative method for the settling of disputes. In the event that an amicable solution cannot be found within fifteen (15) days, the Parties are then free to settle the dispute in a court of competent jurisdiction.
ARTICLE 13 : OBLIGATORY INFORMATIONS FOR CLIENTS AND CONSUMERS
Pursuant to article L. 211-15 of the French Consumer Code, the following articles -- L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code, as well as article 1641 and the first paragraph of article 1648 of the French Civil Code -- are reproduced. The Client expressly declaring knowledge of them before placing their order.
Article L. 211-4 of the French Consumer Code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.
Article L. 211-5 of the French Consumer Code
To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L. 211-12 of the French Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the French Civil Code
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648 of the French Civil Code paragraph 1
The action resulting from redhibitory vices must be brought by the buyer "within a period of two years following the discovery of the vice."