General terms and conditions (GTC)

 

Preamblee

These general terms and conditions (GTC) are entered into by and between, on the one hand, the company named JAPAPA – distributor of the V’APE brand and editor of the website www.vape-vape.com – with a capital of 10.000 euros registered in the Lyon Trade and Companies register under number 823 782 479, whose registered offices are located at 20 Rue de la Villette Immeuble le Bonnel 69328 Lyon, France, hereinafter referred to as “JAPAPA”,and, on the other hand, any natural person wishing to proceed with an online purchase via the V’APE website (www.vape-vape.com), hereinafter referred to as “the buyer”.

The buyer is a consumer, described as any natural person acting for private purposes that are outside any commercial, industrial, craft or liberal activity.

 

purpose

These general terms and conditions, hereinafter referred to as “GTC” are applicable to any offer and any purchase made via the www.vape-vape.com website.

Acquiring goods through this site implies the full acceptance by the buyer of these GTC. These GTC are available at all time on the www.vape-vape.com website and shall prevail over any other general or special terms not explicitly approved by JAPAPA concerning a V’APE product. JAPAPA shall have the right at any time to revise these terms of sale. In this case, the applicable terms will be those in force on the date of order by the buyer.

 

Products and services for sale

Products and services, including their price tags, offered on this site are valid while displayed on the site and while supplies last.

Product availability will be definitively validated upon order shipping confirmation that will be sent to the buyer via e-mail. If an item is unavailable after the buyer has placed an order, JAPAPA will inform the buyer by e-mail as soon as possible. If an item is out of stock or discontinued, the buyer shall be offered either another item of equivalent quality, characteristics and price than the first one, or the refund thereof processed without any undue delay.

The photographs shown in the catalogue give a true and fair view of the products and services for sale, but they are not contractual because they do not pretend to be a perfect reproduction of the physical products. Products include detailed descriptions (such as flavor, nicotine content) available on www.vape-vape.com to enable the buyer to understand the main characteristics of the goods. The buyer is required to be aware of this description before ordering.  For further information, the buyer can contact a V’APE representative via phone or e-mail. Therefore, V’APE or JAPAPA shall not be held liable whenever errors occur without these affecting the main characteristics of the goods.

E-liquids, which are electronic cigarette consumables are not a medical aid to stop tobacco use and break nicotine addiction. The sale of these products to minors is forbidden on the www.vape-vape.com and is not recommended to non-smokers, pregnant and breast-feeding women and to people having an allergy to propylene glycol and/or vegetable glycerin. E-liquids must be kept out of reach of children. Liquid solutions containing nicotine are marked as being poisonous on their packaging and are not recommended to people allergic to nicotine.

All products and services available on the internet site www.vape-vape.com comply with the existing French legislation.

 

Ordering process

The buyer declares to possess the ability to enter into this contract, namely he/she is of legal age and not under supervision or legal guardianship.

When placing an order, the buyer must follow the instructions given on the website www.vape-vape.com. He/She agrees to fill out the registration and order form while ensuring that complete and accurate information is provided. At all events, the buyer is responsible for all information entered on the registration form and when placing an order. Any order placed on the website www.vape-vape.com will be automatically transferred to JAPAPA for processing, shipping and billing.  If an error occurs, V’APE as well as JAPAPA cannot be held liable for any failure or delay in the delivery of goods and services (e.g. incorrect address).

The order confirmation by the buyer leads to unreserved acceptance of these general terms and conditions and the acknowledgement and full awareness of the same.

The whole process including collected data, registered order confirmation, and its payment shall serve as evidence of the sale. The confirmation shall serve as signature and acceptance of the operations carried out. JAPAPA will send confirmation of the placed order by e-mail.

 

Pricing and payment

All prices of goods and services displayed on the website are quoted in euros (€), and are inclusive of VAT (French TTC), and they exclude shipping costs.

Prices can be modified at all times. In case new taxes or contributions, including environmental ones, had to be created or modified, prices featured on the www.vape-vape.com website could be modified accordingly.

Transportation costs are indicated during the ordering process.

Products and services purchased are billed based on the price quoted as of the registered order. Payment in full shall be due upon ordering. No delivery will be processed until order is paid in full.

The buyer may pay using credit cards or Paypal. Every payment made on the www.vape-vape.com is fully secured.

 

Delivery

Goods will be delivered to the address specified by the buyer at the time the order was placed. The delivery address can be different from the billing address.

Any undelivered parcel for addressee-related reasons (inaccurate or incomplete delivery address provided, unclaimed parcel with carrier, missing information on letterbox…) can be reshipped by JAPAPA at the buyer’s expense and after new shipping costs have been paid in full.

Goods are shipped without undue delay, as of order payment, and in the chronological order in which payments are received. All orders placed before 15pm (excluding weekends and public holidays will be processed on the same day. JAPAPA will make every effort to ship orders according to the delay schedule displayed on the site www.vape-vape.com. JAPAPA is only bound by a best effort obligation ; it shall not be liable for any damage resulting from shipment delay.

Delivery will be deemed effective by JAPAPA upon delivery by the carrier to the buyer of the goods that have been ordered. Thenceforth, the risk is immediately transferred to the buyer. Thenceforward, no action could be brought. JAPAPA agrees to contact the carrier if there is an issue with the delivery until the parcel is delivered (claim, new delivery arrangement…).

It is up to the buyer to review the packaging, contents and number of parcels and products upon order arrival. Inspection is deemed effective when the buyer, or a person authorized by him/her, has signed the delivery slip. It is up to the buyer to notify the carrier and make clear, detailed and precise comments on the delivery slip for any claim, any products damaged in transit, any failure, loss or delay thereof. The buyer shall confirm any and all claims to the carrier via certified mail with return receipt requested, within three (3) days, public holidays excluded, of receiving the goods.

JAPAPA shall not be liable for any consequences incurred due to delays in delivery. Expected delivery time is for reference only. Hence, if non-compliance with delivery time, the buyer shall not be entitled to any damages under no circumstances from JAPAPA.

 

Withdrawal

In accordance with articles L121-20 and L121-21-8 of the French Consumer Code, consumers have a 14-day withdrawal period starting from their reception date.

However, according to article L121-21-8 of the French Consumer Code:

“The right of withdrawal cannot be exercised for the following contracts:

– Supply of goods which are likely to deteriorate or spoil quickly;

– Supply of goods which have been unsealed by the consumer after delivery and which cannot be sent back due to health protection or hygiene reasons;

– Supply of goods, which, after delivery and due to their inner nature, are blended in an inseparable way with other articles”

If the buyer respects the conditions listed above and wishes to exercise his / her right of withdrawal, he / she must give notice of his decision of withdrawal in writing, within 14 days following the receipt of his / her order, through a clearly worded statement sent through:

– Mail sent to the following address (the postmark will serve as proof of the date):

JAPAPA –V’APE Distributor

Carré Ivry

Service client

128 bis, avenue Jean Jaurès

94200 Ivry-sur-Seine

France

– E-mail, at the following e-mail address: contact@vape-vape.com

The buyer can also use the following withdrawal form:

Object: right of withdrawal


To the attention of JAPAPA – V’APE Distributor


I/we (*) hereby give you notice of my/our (*) withdrawal from the contract concerning the sale of the products / services (*) described hereunder:

Product(s) concerned:

Invoice number:

Order date (*):

Date of receipt (*):

Name(s) of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in case this form is used in its paper form):

Date:

(*): Please delete as appropriate

The buyer must also return the product(s) within 14 days of communicating his / her decision of withdrawal. The products should be packed in their original packaging, unused and in perfect state, with no trace or marks, with the labels, accessories and gifts that might have been included. Failing that, JAPAPA is entitled to apply a discount under the buyer’s test toll.

The buyer must send the product(s) back with a copy of the invoice and a copy of his / her withdrawal mail to the following address:

JAPAPA –V’APE Distributor

Carré Ivry

Service client

128 bis, avenue Jean Jaurès

94200 Ivry-sur-Seine

France

Delivery fees are reimbursed. The buyer will however be required to pay for the return shipping charges. If all the conditions required are not fulfilled, JAPAPA might debit a share of the selling price from the refund amount corresponding to the selling price of the items that are missing or that are unfit for sale.

JAPAPA commits to refund the buyer within fourteen (14) days of the receipt of his / her withdrawal form by mail or e-mail. However, JAPAPA can postpone the reimbursement until the actual recovery of the goods.

The refund will be done directly on the buyer’s bank account, following the same method that was used to proceed to the payment of the products involved.

 

Legal guarantee

JAPAPA is subject to compliance with the legal guarantee of conformity (articles L 211-4 and following of the French Consumer Code) and the legal guarantee against hidden defects stipulated in Article 1641 et and following of the French Consumer Code.

In accordance with article L. 211-15 of the French Consumer Code, you’ll find reproduced hereafter the 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 Civil Code, which the buyer expressly acknowledges prior to his order.

– Article L211-4 of the 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. The seller is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if the seller assumed responsibility therefor or had it carried out under his responsibility

– Article L211-5 of the Consumer Code: To conform to the contract, the product must:

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;

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 L211-12 of the French Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the product.

– Article 1641 of the Civil Code: The seller is bound to a guarantee 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 purchaser would not have acquired it, or would only have paid a reduced price for it, had he known of them.

– Article 1648 of the Civil Code: action resulting from unacceptable defects must be brought by the purchaser within two years of discovery of the defect. In the case covered by Article 1642-1, in order for the right to be exercised, the action must be brought in the year following the date on which the seller may be released of liability for obvious defects or obvious non-conformities.

This legal guarantee of conformity applies irrespective of any commercial guarantee that may be provided.

The buyer must let JAPAPA every opportunity to investigate the causes of the malfunction and to find a solution. The buyer will not make use of the goods within the time needed by JAPAPA to remedy the malfunction.

The buyer is expressly informed that JAPAPA is not the producer of the products offered for sale, within the meaning of Articles 1386-1 to 1386-18 of the French Civil Code on liability for defective products. The products offered for sale on the www.vape-vape.com website are manufactured by V’APE, a producer which can be clearly identified based on the information appearing on the packaging of said product.

All requests must be made via regular mail to the following address:

JAPAPA – V’APE Distributor

Carré Ivry

Service client

128 bis, avenue Jean Jaurès

94200 Ivry-sur-Seine

France

Commercial guarantee

V’APE e-liquids are neither refunded nor exchanged by JAPAPA. Contractual guarantees do not cover e-liquids for electronic cigarettes.

 

Customer service

For any information or query, the buyer may contact the customer service of JAPAPA dedicated to the V’APE brand by:

– Telephone by dialing +33(0)6 25 86 34 71

– E-mail at the following e-mail address: contact@vape-vape.com

– Regular mail at the following address: JAPAPA – Distributeur V’APE – Carré Ivry (bâtiment J2) – Service clientèle – 128 bis, avenue Jean Jaurès – 94200 Ivry-sur-Seine – France

 

Reservation of ownership

All goods supplied by JAPAPA will remain its property until the buyer pays in full for them. However, the risk of the goods will pass to the buyer or the carrier at the time of the physical delivery of the goods.

 

Responsability

The products offered for sale comply with current French legislation and standards applicable in France. JAPAPA cannot be held liable for any non-compliance with the laws of the country where the products are delivered (such as, but not limited to, the banning of some products…).

JAPAPA, as an online vendor, is only bound by a best effort obligation; it cannot be held liable for damages resulting from the use of the products or the use of the Internet such as loss of data, hacking, virus, disruption in service, or any other unintentional problem.

JAPAPA should not be held responsible if the contract cannot be fulfilled due to any force majeure event such as, but not limited to, total or partial strike of postal and shipping services, and disasters caused by floods or fires.

 

Intellectual property

All the elements of the internet website www.vape-vape.com are and remain the exclusive property of JAPAPA.

No one is permitted to reproduce, exploit, rebroadcast or in any way use all or any part of the site, whether they are text, software, visual or audio elements.

Links – simple or hypertext – are strictly prohibited without a written permission: all requests shall be made by sending an e-mail to the following address: contact@vape-vape.com.

 

Personal data

Collection and use of personal data about the buyer are necessary to carry out the ordering process and business operations between JAPAPA-buyer. Data may be disclosed to service partners for the good execution of the services and orders and facilitate order placement, delivery, processing and payment. Said data are also kept for security purposes, to comply with legal and regulatory requirements, and to allow JAPAPA improving its services and customizing information sent to the Buyer.

In accordance with the French law relating to data processing, data files and individual liberties as of 6 January 1978, personal information about buyers may be processed through automated systems.

In accordance with the French « Informatics and Individual Liberties » Act, the processing of personal information about the customers has been filed with the CNIL (French Data Protection Authority).

The buyer may object to the use of personal information about him/her on simple request addressed to JAPAPA. Likewise, in accordance with the Law of 6 January 1978, the buyer may, on simple request addressed to JAPAPA, have free access to all the information concerning him/her, require that the data be corrected, completed or clarified, or erased, and he/she can exercise this right by sending an e-mail to the following address: contact@vape-vape.com.

 

Archiving

Purchase orders and invoices processed at JAPAPA are archived using a reliable and durable medium so as to serve as a true copy under the provisions of Article 1348 of the French Civil Code.

 

Settlement of disputes

These General Terms and Conditions shall be governed by French law and supersede all previously applicable terms.

Any dispute arising out of these terms shall be brought in the Commercial Court of Paris (75), notwithstanding the introduction of multiple respondents or third party appeals.

 

RGPD: Protection of personal data

The CUSTOMER is the sole owner of the data, including personal data, which are processed by our services. In the event of termination of the contract, whatever the cause, the data, including personal data of the customer, will be fully returned if the latter requests it. JAPAPA undertakes to comply with any written instructions from the CUSTOMER regarding the processing of his data (right of access, rectification, deletion, return, etc.).

JAPAPA acts as a subcontractor for the processing of the CUSTOMER's personal data within the meaning of Article 28 of the EU Regulation 2016/679 and Article 35 of Law 78-17 of 6 January 1978. Consequently, JAPAPA commits:
•    Not to process the CUSTOMER's data other than under the terms of the Contract and
•    No further processing of the CUSTOMER's personal data that is not provided for in the Contract, except on written instructions from the CUSTOMER.
The CUSTOMER remains the only owner of its data therefore JAPAPA does not resell the data of its customers to third companies.

Under Article 28.3 h) al.2 of the EU Regulation 2016/679, any request by the CUSTOMER concerning the processing of personal data by JAPAPA, which could lead to non-compliance with the RGPD, will lead to obligation for JAPAPA to immediately inform the CUSTOMER. JAPAPA reserves the right to refuse the CUSTOMER's instructions which it considers to be illegal within the meaning of Articles 82.2 and 82.3 of the EU Regulation 2016/679.
JAPAPA remains solely responsible to the CUSTOMER for the performance of the services entrusted to a subcontractor (web host, developer, etc.) and is responsible, within the meaning of article 1120 (or 1204 of the new Civil Code), strict compliance with the provisions of the Contract.

According to the GDPR, personal data are stored and processed by JAPAPA (and its subcontractors) on servers located exclusively in the territory of the European Union and are not subject to any transfer outside the Union European.

JAPAPA is committed to ensuring the security and protection of the confidentiality of the CUSTOMER's personal data, in particular to prevent them from being distorted, damaged or communicated to unauthorized third parties. JAPAPA undertakes to ensure, and to ensure compliance by any provider with the strictest confidentiality and the strictest security in the process of processing, storing and safeguarding the CLIENT's personal data, in accordance with the rules of the art, in strict compliance with the GDPR and in accordance with the provisions of the Contract.

In accordance with art.33.2 of EU Regulation 2016/679, JAPAPA undertakes to inform the CLIENT without delay of any "violation" of personal data (unauthorized access, unauthorized copying, corruption of personal data files, etc.). .) of which he would be aware, for the CUSTOMER to inform the supervisory authority on which he depends, and when this violation "is likely to create a high risk for the rights and freedoms", to warn the persons concerned.

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