Section 1. Scope
The website managed by the company « MECAVAP » whose registered office is at 25 rue des Vosges, 17000 LA ROCHELLE, registered under number 890 514 813, is an e-commerce site accessible via the Internet at the address www . .mecavap.com (hereinafter referred to as « the Site »).
These general conditions of sale (hereinafter the « GTC ») apply to all sales of so-called vaping equipment and products (hereinafter « the Products ») concluded remotely via the Site between the company MECAVAP (ci – after referred to as “the Seller” or “the MECAVAP company”) and any adult Internet user domiciled in France (hereinafter “the Customer”).
The fact that the Customer or the Seller does not avail himself at a given moment of any of these T&Cs cannot be interpreted as a waiver to avail himself later of any of the said conditions.
These GCS apply to the exclusion of all other general conditions of sale in force with the Seller.
Section 2. Prior acceptance of the T&Cs by the Customer
The placing of an order implies the prior acceptance of these GCS by the Customer, who must also prove that he is of legal age.
To demonstrate his acceptance, the Customer must, prior to the finalization of his order, tick a box specifying that he acknowledges having read the GCS and expressly declares to accept them without reservation. No order can be placed on the Site without this prior acceptance.
Section 3. Scope of the offer
The sale offer proposed on the Site is exclusively intended for:
– to the territory of metropolitan France (i.e. outside departments, regions or overseas communities),
– and to adult natural persons, having the capacity to contract and having the quality of consumer within the meaning of the provisions of the introductory article of the Consumer Code.
It is recalled that in accordance with Article L. 3511-2-1 of the Public Health Code:
“It is prohibited to sell or offer free of charge, in tobacco shops and all businesses or public places, to minors under the age of eighteen:
1° Tobacco products or ingredients defined in the second paragraph of Article L. 3511-1 ;
2° Electronic vaping devices or refill bottles associated with them.
The person who delivers one of these products requires the customer to establish proof of his majority”.
The Product offers appearing on the Site as well as these T&Cs are only available in French.
Section 4. Registration and identification of the Customer on the Site
In addition to the acceptance of these T&Cs, the placing of an order is subject to the prior opening of a user account (hereinafter « the account ») on the Site.
Only the Customer with an account can conclude an online sales contract with the Seller.
Opening an account on the Site is free (excluding any connection costs, the price of which depends on the electronic communication operator), and without obligation to purchase on the Site. Opening an account is reserved for strictly personal and private use.
To open an account on the Site, the Customer must provide personal information allowing him to be identified, namely his surname, first name, date of birth, mobile phone number, email address, postal address (invoicing and delivery) , username and password.
When opening this account, the Customer undertakes to provide only accurate, complete and up-to-date information.
The Customer must in particular ensure the validity and updating of the electronic address, as well as the contact details that he communicates when opening the account. The e-mail address is considered a personal address to which all messages sent by the Seller will be sent, and will also be used as the Customer’s connection identifier on the Site.
He then undertakes to proceed without delay with any change affecting his contact details, using the dedicated space made available to him from his account.
To access his account and place an order, the Customer must enter his username and password created when opening the account.
The username and password are strictly personal and confidential. The Customer is prohibited from disclosing them to a third party or assigning them. Any order placed using this username and password will be deemed to have been made by the Customer and will therefore bind the latter with regard to the Seller.
In the event of loss, misappropriation or fraudulent use of the username and/or password, the Customer must notify MECAVAP as soon as possible by email from the account login page. After verifying the identity of the account holder, a link to the page for modifying the username and password of the account will be sent by email by MECAVAP to the Customer’s email address.
Section 5. Product Features
In accordance with article L221-5 of the Consumer Code, the Customer is informed, prior to the conclusion of the sales contract, of the characteristics of the Products present on the Site (illustrations, dimensions, capacities, accessories provided), their price, the delivery time. The Customer is required to refer to the description of each Product in order to know its characteristics.
For any questions or additional details concerning the characteristics of the Products, the Customer can also contact the Seller’s customer service by email contact@mecavap.fr .
The Product offers are identified on the Site by one or more photos, a descriptive text and a price including VAT in euros, excluding shipping costs. The photographs appearing on the site are intended to be as faithful as possible to the Products sold, but the colors and details reproduced may vary from one medium to another, depending in particular on the nature of the medium and the browser used, the resolution display and technical constraints related to each material (eg computer, tablet, smartphone).
Section 6. Intellectual property
All texts, comments, illustrations, images reproduced or represented on the Site are strictly reserved under intellectual property law, for the entire duration of protection of these rights and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to contrary or more restrictive provisions provided for by said Code, is authorized. Any reproduction, representation, modification or total or partial adaptation of the Site and/or of all or part of the elements found on the Site or incorporated therein, or the creation of hypertext links, is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Site are also protected. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be the subject of prior written authorization from the holder of the rights, under penalty of legal proceedings.
Section 7. Procedures for placing and validating an order on the Site
The sales contract is concluded between the Seller and the Customer via the Site according to the following steps:
1) The Customer selects the desired Products and quantities, then confirms his choices by validating his basket.
2) The Customer connects to his account using his login and password, or if he is not already registered, opens an account according to the terms defined in Article 4 “Registration and identification of the Customer on the Site”.
3) The Customer chooses the desired delivery method from among the delivery methods offered on the Site and then takes note of the delivery costs applicable to the order, and confirms the destination address.
4) A window opens with the summary of the contents of the order, and its total amount including all taxes, for validation by the Customer. The latter then has the option of modifying his order in whole or in part, in particular with regard to the selected Products, the billing and/or delivery address. In this case, a new order summary is submitted to the Customer.
5) Before validating the order, expressly recalling that placing an order requires payment, the Customer acknowledges having read these GCS before finalizing the order, and manifests his acceptance of these GCS without reservation by ticking the box provided at this effect.
6) The Customer proceeds to the secure payment of the order by validating the details of his credit card. At this stage, the Customer can no longer modify his order.
7) After verification of the order, and the effectiveness of the payment, the Seller sends an email confirming the order, with a summary of it, as well as the GTC (accessible in pdf format with the withdrawal form).
If the Customer fails to receive an order confirmation email within two working days of placing the order, the order is automatically cancelled. In this case, the Customer is assured that his bank account will be credited.
Product offers are offered only within the limits of available stocks. The Customer is informed that Products can be sold simultaneously or before placing the order via the Site.
In general, in the event of unavailability of one or more Products after placing the Customer’s order, the Seller will inform the latter as soon as possible by email, and the entire order will be automatically cancelled. In this case, the Customer is assured that his bank account will be credited.
8) The Seller shall debit the amount of the order concerned from the Customer’s bank account.
9) Once the order has been confirmed by the Seller according to point 7), the latter undertakes to ship the Products covered by the said order within a maximum period of two working days.
10) The Products are dispatched by the Seller according to the terms set out in article 9 “Delivery of the Products”. The Seller sends an email confirming the shipment of the order, with any tracking number depending on the delivery method chosen.
The Seller reserves the right not to follow up on the order placed by the Customer for legitimate reasons as provided for in Article L.121-11 of the Consumer Code.
Section 8. Price and terms of payment
The selling price of the Product is mentioned in euros, including VAT, on the descriptive sheet, but excluding delivery costs, the latter being added before the validation of the order according to the details of the delivery costs specified in article 9 « Delivery some products « .
The offers and prices appearing on the Site are valid as long as they remain visible on the Site, and within the limits of available stocks.
The fact for the Customer to validate his order implies the obligation for him to pay the price indicated.
The Seller reserves the right to modify the prices of the Product offers posted on the Site at any time.
The Products will be sold according to the prices displayed online at the time of confirmation of the order in point 7) of article 7 “procedures for placing and validating an order on the Site”.
The Products remain the property of the Seller until full payment has been received.
Payment for purchases is made by credit card (Visa, Mastercard, other credit cards) or by PayPal on the Seller’s Site.
In the event that the payment authorization is refused by the banking institution, the Customer’s order will be automatically cancelled. In this case, an email confirming the cancellation is sent to the Customer with the references of the order concerned.
Any amount paid by the Customer prior to delivery of the Product and not representing the full purchase price constitutes a deposit on the sale price definitively due by the Customer.
No banking information is saved in the databases attached to the Site.
Section 9. Product Delivery
9.1. Delivery methods – costs
The Seller undertakes to ship the Product(s) ordered to the Customer according to the delivery method selected by the Customer when ordering according to point 3) of article 7 « procedures for placing and validating an order on the site « .
The Customer must choose a single delivery method for each order placed with the Seller.
The delivery costs of the Products are calculated as follows according to the delivery methods chosen:
Ø By Colissimo to the address indicated by the Customer. Each package sent by Colissimo has a tracking number accessible in the shipping confirmation email and in the order tracking. With this number, the Customer can track their package on the site http://www.laposte.fr
Ø At a Collection Point. The package has a traceability number accessible in the shipping confirmation email and in the order tracking from the Customer’s account. With this number, the Customer can track his order on the site http://www.
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The parcel delivered to a Collection Point will remain available at the address indicated, for collection by the Customer, within fourteen (14) clear days from the sending of the email or text message confirming delivery to a Collection Point.
The delivery costs are fixed as follows according to the weight of the package and the delivery methods:
(TABLE WITH DETAIL OF COSTS )
…
The Products are delivered to the home address indicated by the Customer, or to the address of the relay point selected when placing the order. The Customer is solely responsible for the information that he communicates to the MECAVAP company for the purpose of delivery of the Products purchased on the Site.
9.2. Delivery time
The delivery time varies according to the value, the volume of the Product ordered, the packaging of the package, and the delivery method, and is specified when placing the order.
Unless expressly stated otherwise on the Product description, the delivery time is eight (8) working days (Saturdays, Sundays and public holidays not included) from the date of confirmation of the order according to point 7) of the Article 7 “Placement and validation of an order on the Site.
If at the end of the delivery period provided for, and except in cases of force majeure, the Product ordered has not been delivered, the sales contract may be terminated by the Customer in accordance with the procedures provided for in Article L216-2 of the Code of the consumption.
9.3. Transfer of risk – Verification by the Customer upon delivery
The Products travel at the Seller’s risk and peril. From the moment the Customer takes physical possession of the Products delivered, the risk of loss or damage to them is then transferred to him.
In any case, the Customer as the recipient must check the condition of the package (packaging and content) before signing the delivery note.
If it is damaged, the Customer must refuse the package and indicate his reasons for refusal directly on the delivery slip.
In the event that the Customer receives the package, he always has the option of mentioning it on the delivery note and returning it to the carrier within three days (not including public holidays) by registered letter with acknowledgment of receipt, according to the provisions of theArticle L. 133-3 of the Commercial Code .
If the carrier does not give the Customer the opportunity to check the condition of the package, the latter has ten days to inform him of the defects noted, by registered letter with acknowledgment of receipt, in accordance with the provisions of Article L. 224- 65 of the consumer code .
The Customer must keep the Seller informed as soon as possible, via the messaging tool on his account, of all steps taken against the carrier.
The Seller will proceed, at its option, to the exchange or reimbursement of the product damaged during transport.
Section 10. Securing means of payment
The Site is subject to a security system. An SSL encryption process has been adopted, reinforced by scrambling and encryption processes to protect all sensitive data related to means of payment as effectively as possible.
To protect the Customer against a possible intrusion or capture of data, the Seller does not store credit card numbers on their computer servers.
Section 11. Right to retract
In accordance with the provisions of Articles L221-18 and following of the Consumer Code, the Customer has a period of fourteen calendar days from receipt of the Product(s) ordered to exercise, with the Seller , his right of withdrawal, without having to justify reasons.
If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.
In the event of an order containing several Products, and delivered separately, this period of fourteen days runs from receipt of the last Product.
The Products must be returned in perfect condition, in their original condition and complete (original packaging, accessories, instructions) in order to allow them to be put back on sale.
In accordance with the provisions of Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised in particular for:
– the supply of goods made to the consumer’s specifications or clearly personalized,
– or 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.
The Customer exercises his right of withdrawal directly from the Seller concerned using:
– the standard withdrawal form attached in Appendix 2 completed and sent to the Seller’s address;
– or by email, using the messaging tool made available to him on his account, expressing the Customer’s desire to withdraw without any ambiguity, and mentioning the number of the order concerned by this withdrawal. An acknowledgment of receipt of the withdrawal will be communicated on a durable medium and without delay to the Customer.
In the event of exercise of the right of withdrawal within the aforementioned period, all sums paid, including the delivery costs of the product(s) in question, will be reimbursed, the return costs remain the responsibility of the Customer.
The Customer must return the Product(s) concerned to the Seller’s address no later than fourteen days following the date of notification to the Seller of his decision to withdraw. It is recalled that the burden of proof of the exercise of the right of withdrawal weighs on the Customer.
Reimbursement is made by the Seller no later than fourteen days from the date on which the right was exercised with the latter, using the same means of payment as that used to register the order.
This reimbursement date may be deferred until the Product is recovered or until the Customer has simultaneously provided the Seller with proof of shipment of the Product, the date chosen being that of the first of these events.
Section 12. Personal data
In accordance with the legislation and regulations applicable to the processing of personal data and, in particular, law n ° 2018-493 of June 20, 2018 relating to the protection of personal data, and regulation (EU) 2016/679 of the Parliament and of the Council of April 27, 2016, it is specified that the company MECAVAP ensures that it only collects and processes personal data strictly necessary for the management, processing and monitoring of orders.
These personal data are processed by MECAVAP (and its subcontractors) in the context of carrying out purchase transactions carried out via the Site, and may be transmitted in this respect to specific recipients necessary for the execution of sales, the completion of formalities and declarations relating thereto.
These personal data are not resold to third parties for advertising or other purposes, and are not subject to any transfer outside the territory of the European Union.
The Seller undertakes to ensure the security of the personal data they keep for the purposes of fulfilling and monitoring orders.
In accordance with the regulations, the Customer has a right of access, rectification, erasure, limitation of processing, and portability of personal data concerning him, as well as the right to define their fate after death, which may be exercised by e-mail to contact@mecavap.fr _or by post to the Seller’s address “MECAVAP rue des Vosges 17000 LA ROCHELLE accompanied by a copy of a signed identity document. In the event of a dispute, the Customer also has the right to contact the CNIL.
Section 13. Electronic evidence – archiving
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer through the Site.
In accordance with article L134-2 of the Consumer Code, the Seller shall, for any order of an amount greater than €120, archive the sales contract concluded with the Customer for a period of 10 years.
The following are thus kept: the details of the order, the description of the products ordered, the general conditions of sale in force on the day of the order, the elements provided by the Customer for placing the order.
The Customer can access the archived electronic contract, by sending a written request to the Seller by email or by post, specifying the order number and its contact details.
Section 14. Legal guarantees on the Products
It is specified that the Seller is bound by the legal guarantee of conformity mentioned in articles L.217-4 and following of the consumer code , and that relating to defects in the thing sold under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in Appendix 1 below.
Section 15. Product Non-Compliance
It is up to the Customer to provide any justification as to the reality of the non-compliance of the Product. He must allow the Seller and his employees every facility to make these findings. The Customer shall refrain from intervening itself or having any third party intervene in order to provide a remedy.
In the event of non-compliance of the Products delivered duly noted by the Seller, after qualitative and quantitative verification, the Customer may either request repairs or request their replacement.
However, if the Seller establishes that the choice made by the Customer entails a disproportionate cost taking into account the value of the Product and the importance of the defect, it may replace the Product if the repair had been initially requested by the Customer, and vice versa.
If the repair or replacement of the Product proves impossible (stoppage of the manufacture of the Product, or absence of spare parts for example), the Customer may opt for a request for a price reduction if the lack of conformity is minor, or the resolution of the sale for a major defect.
Any return of a Product for non-compliance must be subject to a prior written agreement between the Seller and the Customer. Any unjustified complaint from the Customer will entitle the Seller to the reimbursement of all costs, in particular for the control and transport of the Products.
Section 16. Responsibility
In accordance with article L221-15 of the consumer code, the Seller is not responsible in the event of non-execution of the order attributable to the Customer, to the unforeseeable and insurmountable event of a third party, or to a case of force majeure. .
Section 17. force majeure
None of the parties can be held responsible for the non-execution, shortcomings or delays in the execution of any of its obligations which would be due to the fact of the other party or to the occurrence of a case of force majeure within the meaning of the provisions of article 1218 of the civil code. Force majeure suspends the obligations arising from this contract for the duration of its existence.
Constitute cases of force majeure, without this list being exhaustive, any act of strike, social unrest, lockout, riots, revolutions, war declared or not, fires, explosions, earthquakes, interruption in transport, shortage of raw materials, as well as all interventions by the public authority, temporary closure by administrative or government decision, embargo, act of government.
The Party noting the event must immediately inform the other party of its impossibility to perform its service and justify it to the latter. The suspension of the obligations can in no way be a cause of liability for non-execution of the obligation in question, nor induce the payment of damages or penalties for delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of thirty (30) days. Therefore, as soon as the cause of the suspe