TERMS AND CONDITIONS
Article 1- General
The purpose of these Terms and Conditions is to regulate contractual relationships between the Univers Vape company and any person or organisation using the univers-vape.com site. Such a person or organisation is hereinafter referred to as “the customer” and unreservedly accepts these Terms and Conditions.
Article 2- Legislation
French law (n° 2014-344, 17 March 2014 – article 36) forbids the sale of electronic cigarettes and liquids with or without nicotine to minors under the age of 18.
Article 3- Products
Products offered for sale by the Univers Vape company are presented in detail so that all consumers are aware of their essential characteristics (article L 111-1 of the French Consumer Code).
Photographs, illustrations and descriptions of products offered for sale are for indication only and are non-contractual.
Article 4- Prices
Prices indicated on the www.univers-vape.com site are expressed in euros including all taxes but not including shipping costs.
They can be modified at any time without notice, but are invoiced on the basis of the price applied at the moment the order is registered. Shipping costs, calculated in terms of the transporter selected by the customer, are to be added to this price.
Shipping costs are specified in the order summary given before the order is confirmed.
Article 5- Duration of sales offers
Products are offered for sale until stock is exhausted.
When a product ordered is unavailable, the customer will be informed by means of the customer account available on the site, and by email, as quickly as possible.
Article 6- Orders
To place an order the customer must first complete the form made available, giving necessary identification information as well as the invoicing and delivery address(es).
After choosing the products presented, the customer finally confirms the order by clicking on the “Order” button. This indicates that the customer has read, understands and accepts these Terms and Conditions.
From that moment the order is registered, and the customer is provided with an order number, as well as confirmation on-screen and by email. The data registered by the Univers Vape company constitute proof of the nature, content and date of the order.
Article 7- Payment
Payment takes place when the customer orders online. The customer can pay by the following methods: Paypal, credit or debit card, bank transfer or cheque.
Article 8 - Invoicing and VAT
A detailed invoice will be sent to the customer with the order. EU companies placing an order with Univers Vape must first provide their EU VAT number (“intracommunautaire”) to benefit from tax-free invoicing.
Article 9- Customs duties
Outside the European Union orders may be subject to customs duties imposed when the delivery reaches its destination. These customs duties related to the delivery of an article are the responsibility of, and payable by, the customer.
Article 10 - Delivery methods
Delivery is to the address specified by the customer when ordering, and carried out by the transporter the customer selects. Delivery cannot take place until the customer has confirmed the order and made full payment.
Banking payment centres which may be involved will thus have given prior approval to the payment.
Should such centres refuse payment the order will be automatically cancelled.
Article 11 - Delivery times
For all orders confirmed by 2pm, Monday to Friday (except holidays), shipment will generally take place on the same day, provided the items are in stock. As a guide, average delivery times are from 2 to 5 days, depending on the transporter selected.
If this delivery time is exceeded, no damages or compensation is to be paid, nor does the customer have the right to suspend or cancel the order.
Under the provisions of article L. 121-20-3 of the French Consumer Code, products ordered will be delivered within a maximum of thirty days, counting from the day after the customer registers the order, provided the invoice has been paid in full.
If the order is not delivered within this time, the customer can cancel the order. All sums paid by the customer will then be reimbursed immediately, to the exclusion of any other compensation.
The customer must make a claim by post or email to the address indicated under the heading “Contact us” on the www.univers-vape.com site.
During the period between delivery and transfer of property, all risks of loss, theft or destruction are the customer’s responsibility.
Article 12 -Right of withdrawal
In accordance with article L 121-21 of the French Consumer Code, the customer has 14 calendar days (as evidenced by the postal date stamp) to return any article ordered, at the customer’s own expense, provided the article has not been used.
This time period runs from the day the package is received. Only unused material items, returned in their full original packaging, intact and in proper resale condition, will be accepted. Otherwise the product cannot be reimbursed, accepted or exchanged. In the case of an exchange, the customer is responsible for the cost of return shipping.
Any returns must be indicated to Univers Vape Customer Services, who will then provide a return number.
Univers Vape will reimburse the cost of ordered items within 14 days maximum after receiving them at their premises.
Reimbursement will be made at the discretion of Univers Vape, either by cheque, bank transfer or Paypal.
Article L 121-21-8 of the French Consumer Code specifies that perishable products are not covered by the right of withdrawal.
As E-liquids come into the category of perishable goods, and are produced to order according to the customer’s required specifications (including nicotine level and flavours), they cannot be resold for health reasons and therefore cannot be returned or exchanged.
Article 13- Claims
By signing the delivery document, the customer accepts the products in the state they are delivered in, and no claim relating to damage caused in transit can then be accepted. It is the customer’s responsibility to carry out all checks, and to mention any detailed reservations when the order arrives, and where appropriate to take action against the transporter. When merchandise is received the customer must immediately check their condition and whether or not they conform to the order. All claims relating to faults in the goods delivered, any inaccuracy in quantities, or a mistake in the reference compared to the confirmed order, must be made in writing within four days of receipt of goods. Failing this, the claim is not valid. In no case will Univers Vape company agree to reimburse or cancel an order as a result of a customer’s being unable to use any product bought for reasons of incompatibility with the client’s own equipment.
Article 14 - Guarantee and after-sales service
Should a product be defective or not in conformity with the order when it arrives, Univers Vape company commits to replacing or reimbursing it, provided it is returned within 7 days from receipt of the package.
This guarantee does not apply in cases of misuse, being dropped, inadequate care and maintenance, or the use of items other than those available on the www.univers-vape.com site.
Goods are returned at the customer’s own cost and risk.
Products returned which are not properly protected, or without their original packaging and accessories, cannot benefit from this guarantee.
Univers Vape company will apply this guarantee to all products returned in a timely fashion.
If items are not defective, but the problem arises from the way they have been used, the customer will be responsible for the cost of return.
Article 15 - Confidentiality
Data provided by the customer are not divulged to any third party. They are used exclusively for communication between Univers Vape company and the customer. In accordance with French law 78-17 of 6 January 1978, the customer has at all times the right of access and rectification. To exercise this right the customer simply has to contact Univers Vape company.
Article 16 - Responsibility
Univers Vape company cannot be held responsible for damages of any kind – material, immaterial or corporeal – which may result from misfunction or misuse of products offered for sale.
The customer recognises awareness of relevant legislation in France (Article 2) and precautions of use (Article 17), and takes full responsibility for use of products.
Univers Vape company cannot therefore be held responsible for any health or lifestyle problems of the final user.
Article 17 – Precautions of use
Liquids for electronic cigarettes must be kept locked up, out of the reach of children.
They should not be used by pregnant women, or by people with high blood pressure or cardio-vascular problems. They are also toxic if ingested, or if they come into contact with the skin.
Article 18 - Attribution of jurisdiction
Contractual information and products offered for sale conform to French regulations.
Where appropriate, foreign customers must verify with their local authorities whether or not it is possible to use the product they plan to order.
Univers Vape company cannot be held responsible in cases where the regulations of a foreign country are not observed.
For professional customers, any dispute relating to the establishment, execution and cessation of contractual obligations between the parties which cannot be settled amicably will be referred to the jurisdiction of the Tribunal de Commerce de Paris – France, which covers the company as a legal entity.
UNIVERS VAPE, SARL with a capital of 5000.00 euros
9, rue Parrot 75012 PARIS - FRANCE
RCS Paris 492838610
N° VAT : FR 35 492 838 610