Terms of sale

Company LINKECO

SASU au capital de 10.000 euros
R.C.S Paris 883 952 731
3 boulevard Michael Faraday 
77700 Serris

All correspondence regarding LINKECO will be sent to the above-mentioned contact details.

PREAMBLE

The company VAPEVO is an online store selling vaping products.

The terms below shall have, when their first letter appears in uppercase, the following meaning:

- "VAPEVO" means the company VAPEVO referred to at the beginning of the GTC;

- "GTC" means these general terms and conditions of sale;

- "Customer" means the professional client involved in the production, manufacturing, or distribution of vaping products wishing to purchase one or more Product(s). If it is a natural person, they must be at least 18 years old and fully capable;

- "Product" means any product offered for sale on the Website;

- "Website" means the website vapevo.com

Purchasing Products from VAPEVO available on the Website can only be done online and after logging into a customer account previously created on the Website by the Customer.

ARTICLE 1 – APPLICATION OF THE GTC

The GTC apply to the relationship between VAPEVO and the Customer for and following the placement of an order for Product(s).

Placing an order for Product(s) implies the Customer's full and unconditional acceptance of the GTC. Any unilateral contrary and/or special condition from the Customer will therefore, in the absence of formal and written acceptance by VAPEVO, be unenforceable against VAPEVO regardless of when it may have been brought to its attention.

The fact that VAPEVO does not invoke, at a given time, any provision of the GTC cannot be interpreted as a waiver to invoke any provision of the GTC later.

ARTICLE 2 – CUSTOMER ACCOUNT CREATION

Obtaining a customer account is subject to acceptance of the Customer by VAPEVO, after reviewing the information provided by the Customer during the following two phases of customer account creation:

1. First phase of customer account creation: the Customer must sincerely provide their own information (name, addresses, contact details, etc.) to complete the registration form available under the "Login" tab. VAPEVO reserves the right to refuse the creation of a customer account without having to justify the refusal (a refusal may, for example, be made if the contact details raise doubts about their authenticity);
2. Once the customer account is obtained, the Customer agrees to use the login details for the created customer account provided to them by VAPEVO to place any order for Product(s). The Customer agrees not to share these login details with third parties.

VAPEVO may deactivate a validated customer account, even after the Customer has placed one or more order(s) of Product(s), without having to justify it (for example, if the Customer has not used their account for at least three months and has never placed an order since the creation of their account).

However, VAPEVO undertakes to notify the Customer in advance within a reasonable time and to deliver all firm orders placed as of the date of deactivation of the customer account. On the other hand, no notice will be required before account deactivation if it occurs due to a fault of the Customer (e.g., unpaid order(s), incorrect or incomplete information provided by the Customer, behavior of the Customer damaging the brand image of VAPEVO and/or one or more Product(s), etc.).

ARTICLE 3 ORDER OF PRODUCT(S)

For each Product, a description is available online, on the page of the relevant Product, containing the main characteristics of the Product.

To be valid, any order of Product(s) must be placed on the Website and must be made by a Customer.

Any order is considered firm and final as soon as it is validated by the Customer and the T&Cs are accepted by the Customer.

Receipt of the order of Product(s) is confirmed by VAPEVO by e-mail sent to the e-mail address provided by the Customer in the registration request form (or subsequently, if the Customer has made a modification notified in writing to VAPEVO).

The confirmation email sent by VAPEVO will specify the expected delivery date (for information purposes) as well as the information (product type, quantity, selected payment method) and order references (order references which must be mentioned by the Customer in any communication with VAPEVO regarding this order). The Customer agrees to verify the accuracy of this information and must notify VAPEVO of any inaccuracies before the order is sent by VAPEVO.

VAPEVO reserves the right to cancel any order of Product(s) whose identification information provided raises doubts about their authenticity, after notifying the Customer.

ARTICLE 4 - ORDER MODIFICATION

Any request to modify an order of Product(s) by the Customer must be sent by e-mail to VAPEVO within three days from the date of receipt of the Customer's order by VAPEVO, and in any case before the Products are shipped by VAPEVO.

VAPEVO reserves the right to accept or refuse any modifications requested by the Customer.

Any modification made to a Product order, at the Customer's request and accepted by VAPEVO, automatically results in the cancellation of the previously accepted conditions by the Customer (regarding prices, deadlines, payment terms, and delivery methods); however, the new conditions will be communicated to the Customer before they validate the modified order.

In the event of a change to a Product, favorable to the Customer in terms of quality or quantity (for example, the discontinuation of a Product sold in a pack of 10 and replacement by the same Product sold in a pack of 12 at the same price) between the date the order is placed and the delivery date of the order, VAPEVO reserves the right to modify the Customer's order without prior notice. This modification of a Product(s) order decided by VAPEVO does not oblige VAPEVO to modify another order (past, current, or future) in the same way.

ARTICLE 5 - DELIVERY OF PRODUCTS

The shipment of ordered Products will only be made after full payment of the order amount by the Customer. VAPEVO may also suspend shipment due to unpaid past due invoices by the Customer, in whole or in part, and more generally until any amount owed by the Customer to VAPEVO is settled.

5.1 Delivery time of Products
The delivery time of a Product order is considered as the period between the date of validation of the order by VAPEVO, on the one hand, and the making available of the order at the delivery address indicated by the Customer, on the other hand.
Deliveries are made only based on availability and in the order in which orders are received.
VAPEVO may freely proceed with deliveries either in full or in part, without additional cost or compensation for the Customer.
The delivery times announced at the time of order are given for information purposes only. In particular, in the event of a stock shortage or difficult restocking, it is possible that the delivery times announced at the time of order may be exceeded. However, beyond an additional thirty days compared to the indicative delivery date announced at the time of the Product(s) order, the Customer may request the cancellation of their order and a full refund of the amounts already paid, without any further compensation.
The Customer will receive an email from the delivery service, containing (indicative) delivery information.

5.2 Transfer of risks
Products are sold with free shipping.
From the moment of their shipment by VAPEVO, the risks associated with the Products are transferred from VAPEVO to the Customer, whether the Product order is transported to the Customer by a third-party carrier or directly by VAPEVO.
The Products therefore travel at the Customer's risk and peril, and it is the Customer's responsibility, in case of damage or missing Product, to make all necessary observations and to confirm their justified reservations by extrajudicial act or by registered letter with acknowledgment of receipt to the carrier within three (3) calendar days (excluding public holidays) following the receipt of the Products, whether the transport was carried out by VAPEVO or by a third-party carrier. In the latter case, the Customer will send a copy of their claim to VAPEVO for information, in the same form and within the same deadlines.

ARTICLE 6 – APPARENT DEFECT AND NON-COMPLIANCE

Without prejudice to the provisions to be taken with the carrier, in accordance with Article 5 of the GTC, claims regarding apparent defects affecting the Products and/or non-compliance of the Products (in quantity and/or quality) compared to the order placed or the shipping slip must be made by email by the Customer to VAPEVO within eight (8) calendar days (excluding public holidays) following delivery of the Products.
It is the Customer's responsibility to accompany their claim with any justification regarding the reality of the defects or non-compliances observed (e.g., photographs). VAPEVO may request any additional information from the Customer.
The Customer must facilitate the verification of defects or non-compliance by VAPEVO (or any third party substituted by VAPEVO for this purpose) by refraining from using or selling the Products in question for the time necessary for this verification by VAPEVO, which shall not exceed a period of 20 days from the date of the Customer's claim. The Customer must also provide VAPEVO with every facility to remedy these defects or non-compliances.
In the event of an apparent defect or non-compliance of the Products, duly noted by VAPEVO under the conditions set forth above, the Customer may, upon request, obtain the free replacement of the Products in question (subject to sufficient stock) or the refund of the Products in question (including delivery costs, if applicable, calculated pro rata to the order amount). In the case of a refund request, the return shipping costs of the defective Products and the delivery costs of the replacement Products will be borne by VAPEVO, with the return carried out according to VAPEVO's instructions and after written approval of the return costs by VAPEVO.

ARTICLE 7 - WARRANTY

The merchandise benefits from the legal warranty relating to hidden defects as defined in article 1641 of the Civil Code. However, by derogation from article 1648 of the Civil Code, this warranty is valid for a period of 3 months from the date of discovery of the defect.

Defects and damages caused by the Customer, notably due to non-compliance with safety instructions related to storage precautions specified on the packaging, and/or caused by incorrect use, non-compliant maintenance, abnormal use, lack of supervision, poor electrical protection of devices, harmful circumstances to proper functioning, as well as by a modification of the product not foreseen or specified by VAPEVO, are excluded from the warranty.

The warranty is also excluded for apparent defects for which the conditions of article 5 of the GTC apply.

In case of lack of maintenance (non-compliant maintenance or absence of maintenance), the warranty will be totally or partially lost, at VAPEVO's discretion.

The warranty referred to in this article 7 is granted solely for the benefit of the Customer and will therefore not apply to third parties (notably to persons to whom the Products in question may have been offered or resold).

The warranties referred to in these GTC are the only warranties granted to the Customer, excluding any other commercial or legal warranty.

ARTICLE 8 - PRICE

Given the number of Product references and the very frequent changes in products and the relevant market, the prices applicable to an order are those of the VAT-inclusive price list in effect on the day of the order and indicated for each Product on the website; prices are shown after logging into the customer area.

The prices indicated do not include transport and delivery charges, which will be invoiced additionally if applicable.

There is no price reduction or discount.

ARTICLE 9 - PAYMENT

Any order of Product(s) is payable in full at the time of order. In case of late payment, the Customer will owe VAPEVO, from the day after the order date, late payment penalties corresponding to 3 times the legal interest rate in addition to the fixed recovery fee of 40 euros (VAPEVO may request additional compensation upon justification if the recovery costs incurred exceed 40 euros).

Payments must be made by bank transfer or credit card.

In case of payment by bank transfer, the shipment of the Products will only be made by VAPEVO once full and final receipt of funds by VAPEVO.

The invoice will be sent with the order and in any case can be downloaded from the website in the client area.

ARTICLE 10 - RETENTION OF TITLE

The transfer of ownership of the Product(s) of an order is subject to the Client's full payment of the price of the concerned order.

Payment is made upon the effective and final receipt of the order price by VAPEVO.

As long as the payment of the order has not been made, the Client must refrain from reselling the concerned Product and must identify it in their stock as the property of VAPEVO.

The Client agrees to insure at their own expense the stock of Products under their custody, of which VAPEVO retains ownership until full payment of the order.

ARTICLE 11 – LIMITATION OF LIABILITY

All Products marketed by VAPEVO are intended for vaping.

The product used for vapor production is based on Propylene Glycol.

VAPEVO cannot be held responsible for any health or sanitary issue of any of the Client's customers.

The relations between the Client and VAPEVO, for and following an order of Product(s), are subject to French law. The potential sales contract of Product(s) between the Client and VAPEVO is considered concluded in France.

In the event that the Client:
- has their domicile located outside of France,
- and/or would wish for the Products to be shipped outside of France,
- and/or would consider reselling the Products outside of France,
- and/or would consider making, particularly within the scope of a commercial activity, any use of the Products outside of France,
They must verify the compliance of the Products with the applicable law in the territory concerned.

VAPEVO's liability cannot be engaged in the event of non-compliance of the Products purchased by the Client with any regulation other than that applicable on French territory.

The Customer agrees to fully indemnify, defend, guarantee, and hold harmless VAPEVO from and against all expenses, fines, legal and arbitration proceedings, claims, losses, liabilities, or actions as well as against all damages resulting in any way from the non-compliance of the Products purchased by the Customer with any other regulation and/or applicable legislation in a territory outside of France, due to the marketing of the Products by the Customer outside of France or for use outside of France.

ARTICLE 12 – DISPUTE RESOLUTION

The relations between the Client and VAPEVO related to the Products (including, but not limited to, their purchase, sale, resale, marketing, use) are exclusively subject to French law.

Any dispute related to the validity, conclusion, interpretation, execution, termination, or consequences of the termination of the Terms and Conditions of Sale and its subsequent acts (such as the sale of Product(s)) will be submitted to the Courts where VAPEVO's headquarters are located.

ARTICLE 13 - DATA PROTECTION AND RESPECT FOR PRIVACY

The information provided by the Client to VAPEVO when creating a customer account is essential for processing and delivering orders, issuing invoices and warranty contracts; their absence results in the cancellation of the Client's order.

By registering on the Website, the Client agrees to provide VAPEVO with sincere and truthful information about themselves. Providing false information is contrary to the Terms and Conditions of Sale as well as the terms of use on the Website.

In accordance with Law No. 78-17 known as "Informatique et Libertés" and European texts, the Client has a permanent right of access and rectification of all data concerning them.

The Client can at any time make a request to VAPEVO to find out what information VAPEVO holds about them.

The Client can modify this data at any time upon request.

If the Client has accepted it during their identification on the Website, promotional emails offering new products, clearance sales, exclusives, and good deals will be sent to them. The Client can request to no longer receive promotional emails from VAPEVO at any time.

VAPEVO is the sole holder of the information concerning the Client. No financial data (credit card numbers, etc.) is retained by VAPEVO.

VAPEVO will also inform the Client that cookies record certain information which is stored in the memory of their hard drive. An alert message will ask the Client beforehand if they wish to accept cookies, which the Client can of course refuse. These cookies do not contain confidential information about the Client.