Article 1: object
These General Conditions of Sale aim to define the contractual relationship between the seller and the buyers, and the conditions applicable to any purchase made through the ismoke.fr website, seller of electronic cigarettes and accessories. The acquisition of a product through this site implies unconditional acceptance by the buyer of these conditions of sale which he acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the ismoke.fr site is not directly related to his professional activity and is limited to strictly personal use, and on the other hand to have the full capacity legal, allowing him to commit himself under the present general conditions of sale.
The company retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations and with the aim of improving the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.
Article 2. Products
The products offered are disposable electronic cigarettes or the Puff, those which appear on the site ismoke.fr within the limit of available stocks. The company reserves the right to modify the product assortment at any time. Each product is presented on the website in the form of a description containing its main technical characteristics (capacity, use, composition, etc.). The photographs are as accurate as possible but do not bind the Seller in any way. The sale of the products presented on the site is intended for all buyers residing in countries which fully authorize the entry into their territory of these products.
Article 3. Rates
The prices appearing on the product sheets of the internet catalog are in Euros (€) excluding taxes (HT) applicable on the day of the order. ISMOKE Company reserves the right to modify its prices 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. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order.
Article 4. Orders
The customer has the right to select and order the products he needs, but before that, the customer must first create an account and fill out the necessary form to be able to order on the site, then indicate the address of the delivery . After sending an email to the buyer for confirmation and acceptance of the order, the sale will be considered final.
Article 5. Terms of payment
Payment must be made in cash on the day the order is placed by the buyer according to the following methods: credit card, bank transfer, money order. The seller does not have the right to deliver the products ordered by the buyer if the latter does not pay all the sums as indicated in the conditions. Credit card payments are debited when the order is shipped.
Payments made by the Buyer will only be considered final after effective collection of the sums due by the seller.
Furthermore, the seller has the right to cancel and suspend the delivery of orders if the buyer does not respect the conditions of sale above. An increase of …. % is due for any delay in the case of payment facilities.
Article 6. Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. These are provided by an independent carrier. Delivery is made as soon as the products ordered by the Seller are handed over to the carrier, as soon as he has handed over the goods sold to the carrier who has accepted them without reservation. The Buyer therefore acknowledges that it is up to the carrier to make the delivery and that he has no warranty claim against the shipper in the event of non-delivery of the goods transported.
Article 7. Retention of title
The seller retains full ownership of the products sold until full receipt of all payment made by the buyer, regardless of the delivery date.
Article 8. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of his order to exercise his right of withdrawal, and thus return the product to the seller, for exchange or refund without penalty, with the exception of return shipping costs.
Article 9. Guarantee
All the products supplied by the seller benefit from the legal guarantee provided for by article 1641 of the Civil Code. In the event of non-compliance of a product sold, it may be returned to the seller who will take it back, exchange it or refund it. All complaints, requests for exchange or reimbursement must be made by post to the address ….. within thirty days of delivery.
Article 10. Liability
The seller site ismoke.fr in the distance selling process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, service interruption, or other involuntary problems.
It is recalled that the site is not a producer, within the meaning of article 1245 of the Civil Code, of the products marketed via the Site. Consequently, its liability cannot be engaged in the event of damage caused to property and/or persons due to a defect in the products within the meaning of the aforementioned articles. The Customer wishing to obtain compensation for such damage must therefore seek the responsibility of the manufacturer concerned. The company cannot be held liable for damage, temporary or permanent, caused to the Customer's computer system, nor for any loss or damage that may be suffered in particular following access to or browsing on the Site. The transmission of data via the Internet may lead to the appearance of errors and/or the fact that the site is not always available. Therefore, the company cannot be held responsible for the unavailability and interruption of the online service.
Article 11. Intellectual property
All elements of the ismoke.fr site are and remain the exclusive intellectual property of the company. No one is authorized to reproduce, exploit, or use in any capacity whatsoever, even partially, the elements of the site whether in the form of a photo, logo, visual or text.
Article 12. Personal data
The company undertakes to preserve the confidentiality of the information provided by the buyer, which he would have to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has a right of access, modification and deletion of information concerning him. He can make the request at any time by mail to the following address:
Article 13. Applicable law - Language
By express agreement between the parties, this contract is governed by and subject to French law. It is written in French.
Article 14. Settlement of disputes
These distance selling conditions are subject to French law. In the event of a dispute with professionals and/or traders, the courts of Nancy will be the competent authorities.
The fact for a natural (or legal) person to order on the Seller's website implies full and complete acceptance and acceptance of these General Conditions of Sale. This is expressly recognized by the Buyer, who waives, in particular, to avail himself of any contradictory document which would be unenforceable against the Seller.