These conditions of sale are concluded on the one hand by the company STEAM AND VAPE, with a capital of 8000 euros whose head office is located at 37 rue des Pierres Missigault, ZA La Torche, 28630 Barjouville, registered in the register of commerce and CHARTRES companies under the SIREN number: 795 351 063 hereinafter referred to as "STEAM AND VAPE" and on the other hand, by any natural or legal person wishing to make a purchase via the website www.steam-and-vape. fr hereinafter referred to as "the Buyer".
ARTICLE 1. OBJECT
These conditions of sale aim to define the contractual relationship between STEAM AND VAPE and the Buyer as well as the conditions applicable to any purchase made through the STEAM AND VAPE merchant site: www.steam-and-vape.fr, that the Buyer either professional or consumer.
The acquisition of a property through this site implies unreserved acceptance by the Buyer of these conditions of sale. These conditions of sale will prevail over any other general or specific conditions not expressly approved by STEAM AND VAPE. STEAM AND VAPE reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the Buyer.
ARTICLE 2. THE BUYER
The Buyer must be over 18 years old and must be legally responsible to place an order. The Buyer must provide correct, complete and accurate personal information, such as the delivery and billing address, showing the information required for the proper delivery of his order. STEAM AND VAPE cannot be held responsible for the impossibility of delivering if the data contains errors or is incomplete. STEAM AND VAPE reserves the right to cancel an order if there is any doubt about the Buyer's good faith.
ARTICLE 3. CHARACTERISTICS OF THE GOODS PROPOSED
The products and services offered are those which appear in the catalog published on the STEAM AND VAPE website. The items offered comply with French legislation. It is the Buyer's responsibility to check with the authorities of his country, the possibilities of importing and using the products he plans to acquire. STEAM AND VAPE can in no way be held responsible for non-compliance with the legislation of the country where the products ordered are shipped. Example: ban on the volume and nicotine content of e-liquids. Import ban on vaping products.
Products are offered within the limits of available stocks. Each product is accompanied by a description established by STEAM AND VAPE, not being the manufacturer but the seller, STEAM AND VAPE refers and complies with the information, characteristics and photographs provided by its supplier and are not contractual. The photographs in the catalog are as faithful as possible but cannot ensure perfect similarity with the product offered, particularly with regard to colors and size. The buyer becomes aware of the characteristics of the items and takes responsibility for the choice of products thanks to the information and recommendations provided. The Buyer acknowledges using the products under his full responsibility and undertakes to respect the safety instructions and common sense. STEAM AND VAPE cannot be held responsible in the event of non-compliance with the proper use of the product or use with other products.
Equipment electronics sold contain hazardous substances that may have potential effects on the environment and human health. Consequently, these should not be disposed of with unsorted municipal waste. Electronic cigarettes are prohibited for minors, not recommended for pregnant or breastfeeding women, and for people with cardiovascular, epileptic, asthmatic or nicotine-sensitive diseases.
ARTICLE 4. RATES AND PRICES
The prices appearing in the catalog are prices including VAT in euros taking into account the VAT applicable on the day of the order, any change in the rate may be passed on to the price of the products, STEAM AND VAPE reserves the right to modify its prices at at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the Buyer.
In the event of display of an erroneous price, clearly derisory (vile price) , whatever the reason (computer bug, manual error, technical error.) will result in the nullity of the contract and the reimbursement of the entire order The prices indicated do not include the costs of order processing, transport and of delivery.
ARTICLE 5. ORDERS
The Buyer, who wishes to purchase a product, must:
The confirmation of the order entails the acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation of availing oneself of its own conditions of purchase or other conditions. All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions. STEAM AND VAPE will communicate by e-mail the confirmation of the registered order.
ARTICLE 6. PAYMENT
Price is due when ordering. Payments will be made by credit card; they will be made through the CM CIC P@iement secure system which uses the SSL (Secure Socket Layer) protocol as well as the 3DSV2 (3D Secure) system through the secure PayPal system, through the Alma secure system, by through the Fintecure secure system, so that the information transmitted is encrypted by software and that no third party can read it during transport on the network. The Buyer's account will be debited when paying for the available products. The Buyer will be sent an electronic invoice showing the VAT. The buyer's account will be debited on the day of his order or a few days later in accordance with the deadlines of each bank.
ARTICLE 7. DELIVERIES
The delivery costs are the responsibility of the Buyer, they include a participation in the costs of preparation, packaging and postage. Customs clearance costs and any taxes are the responsibility of the Buyer. Deliveries are made to the address indicated when placing the order, which can only be in the geographical area served by STEAM AND VAPE. The Buyer must ensure that the contact details are correct and complete.
In the event of damage noted upon receipt of the delivery, the Buyer must expressly inform STEAM AND VAPE of the non-compliance with the contract, by sending him within 72 hours after delivery, an e-mail (contact@steam -and-vape.fr or by contact form) or a mail with postmark attesting to the respect of this deadline, the said e-mail or the said mail must imperatively be accompanied by one or more explicit photographic shots proving the reality of the existence of the damage, deterioration or spoliation, and of the degradation of the goods received, a sworn statement signed by the Buyer in which he informs STEAM AND VAPE to have received the package and its goods in the state , a copy of the latter's identity card, as well as a copy of the damage or spoliation report that the Buyer will have previously completed with the delivery services.
After studying the data sent to STEAM AND VAPE, the Buyer with the agreement of STEAM AND VAPE may return only the objects in their packaging that the Buyer considers to be damaged to STEAM AND VAPE who will provide a prepaid return label If the defect is found STEAM AND VAPE will make at the request of the Buyer: Either a refund of the amount of the goods damaged on the date of purchase. Either a credit for the amount of the damaged goods on the date of purchase.
Delivery times are only given as an indication; if these exceed thirty days from the order, except in the event of force majeure (strikes, frost, fire, storm, flood, epidemic, customs blockage, attacks supply difficulties without this list being exhaustive) the contract of sale may be terminated and the Buyer reimbursed. Regarding international sales, a customs blockage or seizure in the country of destination cannot be a reason for reimbursement or compensation, STEAM AND VAPE cannot be held responsible.
ARTICLE 8. RETRACTATION
The Buyer, a non-professional natural person, benefits from a withdrawal period of 14 days from the delivery of his order to return the product (with the exception of e-liquids, DIY) to STEAM AND VAPE for exchange. or refund without penalty, with the exception of return costs remaining the responsibility of the Buyer.
Any risk related to the return of the product is the responsibility of the Buyer. Beforehand, the Buyer must expressly inform STEAM AND VAPE of his wish to withdraw by contacting STEAM AND VAPE. By e-mail (email@example.com or by contact form) Any withdrawal will therefore result in reimbursement or exchange only and only if STEAM AND VAPE was informed during the minimum legal period of 14 days. Any returned product must be in perfect condition for resale, in their original condition, in its original packaging duly sealed. For obvious health and hygiene reasons, the Buyer cannot return the following products sold unsealed: Atomizer, Clearomizer, Dripper, Drip Tip sold without seals, such as high-end artisanal or industrial equipment.
ARTICLE 9. WARRANTY
STEAM AND VAPE is liable for defects in the conformity of the goods to the contract under the conditions of article L. 217-4 and following of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in articles 1641 and following. of the Civil Code. As such, the Buyer may make a request under the legal guarantee of conformity or the guarantee of defects of the thing sold by sending his complaint by e-mail (firstname.lastname@example.org or by form contact) When acting as a legal guarantee of conformity, the Buyer: has a period of two years from the delivery of the goods to act; can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; is exempted from providing proof of the existence of the lack of conformity of the goods during the 6 months following the delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted. The Buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and in this case, he can choose between the resolution of the sale or a reduction of the selling price. in accordance with article 1644 of the Civil Code. Under the legal guarantee of conformity mentioned above, STEAM AND VAPE must deliver products that comply with the contracts and is liable for any lack of conformity existing when they are issued. As such, it is specified that the products marketed by STEAM AND VAPE, as well as the batteries, have a limited lifespan which essentially depends on the conditions of use (frequency of use, shocks, lack of maintenance, exposure to extreme temperatures, contact with water, etc.). The lifespan of the majority of products marketed by STEAM AND VAPE is less than the 24-month period corresponding to the duration of the legal guarantee of conformity. Also, the presumption of the existence when the products are delivered, of lack of conformity appearing within 24 months of delivery, is almost never compatible with the specific nature of these products. Consequently, in accordance with Article L. 217-7 of the Consumer Code, STEAM AND VAPE may combat this presumption.
In the event of non-compliance of a product sold, it may be returned to STEAM AND VAPE who will take it back, exchange it or refund it. All complaints, requests for exchange or refund must be made by email (email@example.com or by contact form) In this context, the responsibility of STEAM AND VAPE engaged in the event of normal wear and tear some products ; damage or accidents resulting from negligence, lack of maintenance or improper use; damage resulting from modifications, incorporations or repairs of the product; malicious acts of the Customer or third parties; of washed or cleaned products without respecting the instructions given in the supplier's instructions.
ARTICLE 10. RESPONSIBILITY
STEAM AND VAPE, in the online sales process, is only bound by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
ARTICLE 11. INTELLECTUAL PROPERTY
All elements of the STEAM AND VAPE site are and remain the exclusive intellectual property of STEAM AND VAPE. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of STEAM AND VAPE.
ARTICLE 12. PERSONAL DATA
In accordance with the law relating to data processing, files and freedoms of January 6, 1978, information of a nominative nature relating to Buyers may be subject to automated processing. Similarly, users have a right to access and rectify data concerning them, in accordance with the law of January 6, 1978. The automated processing of information, including the management of the e-mail addresses of users of the site was the subject of a declaration to the CNIL on September 24, 2013 registered under number 1702398 v 0. STEAM AND VAPE affirms that no personal data will be communicated to a third party.
ARTICLE 13. ARCHIVING AND PROOF
STEAM AND VAPE will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized records of STEAM AND VAPE will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
ARTICLE 14. LITIGATION
These online sales conditions are subject to French law and only the French language version is authentic for their interpretation. In the event of a dispute, jurisdiction is assigned to the competent courts of CHARTRES, notwithstanding multiple defendants or warranty claims.