These general conditions of sale are issued by:
Mr and mrs vape
Simplified share company with single partner
Capital: 1.500 €
Headquarters: 105 Rue Boucicaut 92260 FONTENAY AUX ROSES (France)
RCS: 822 736 823 (RCS Nanterre)
Mail contact: firstname.lastname@example.org
ARTICLE 1: OBJECT
The purpose of these General Conditions of Sale is to define the rights and obligations of the parties in connection with the sale of the goods offered e-liquids, on the website www.mr-mrs-vape.com , by MR & MRS VAPE:
to major consumers in their country of residence,
to non-professional adults in their country of residence.
These two categories of people are grouped together below under the name "Client".
ARTICLE 2 - CONTRACTUAL DOCUMENTS
The contract concluded between the Client and Mr & Mrs Vape is formed by the following contractual documents, presented in ascending hierarchical order:
these general conditions of sale;
the contract and any special conditions.
No other document, and in particular any general or particular conditions of purchase issued by the Customer, cannot have contractual value and these documents, even brought to the attention of Mr & Mrs Vape, are therefore unenforceable against Mr & Mrs Vape, except express and written acceptance of Mr & Mrs Vape of their integration in the contractual field.
In case of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank will prevail.
The general conditions applicable to an order and which the Customer expressly accepts when placing an order on the website
www.mr-mrs-vape.com , are those appearing on said website on the day of the Customer's order, and which the Customer declares to have consulted and accepted prior to their order. These general conditions of sale remain applicable until the perfect execution of the contract of sale of products by Mr & Mrs Vape to the Customer and the extinction of the legal and commercial guarantees.
The fact that Mr & Mrs Vape does not take advantage of any of these general conditions of sale at any given time cannot be interpreted as being a waiver on its part to take advantage of any of these conditions at a later date.
ARTICLE 3 - PRE-CONTRACTUAL INFORMATION
The Customer acknowledges having received or been able to consult the following documents before ordering products on the website www.mr-mrs-vape.com:
these general conditions of sale,
the information notice mentioning the characteristics of the goods, the price of the goods, the date or the period within which Mr & Mrs Vape (or any third party mandated for this by Mr & Mrs Vape) will deliver the goods, any delivery costs and the availability of any spare parts.
The Customer acknowledges having been able to ask any questions to Mr & Mrs Vape and Mr & Mrs Vape was at his disposal to answer them.
ARTICLE 4 - ORDER TAKING
Any order from the Customer, to be valid, must be established on the purchase orders of Mr & Mrs Vape or directly on the website www.mr-mrs-vape.com.
Mr & Mrs Vape refuses to sell to minors in their country of residence, this is why by accepting these general conditions of sale and by placing an order, the Customer certifies that they have reached the age of majority in their country of residence.
The fact that the Customer places an order implies the Customer's full and unreserved acceptance of these general conditions of sale.
ARTICLE 5 - MODIFICATION OF THE ORDER
Any order modification requested by the Customer can only be taken into account if it has reached Mr & Mrs Vape in writing before dispatch by Mr & Mrs Vape (or the third party mandated by Mr & Mrs Vape for this purpose) of the command.
Any modification made to an order automatically entails the cancellation of the general conditions of sale previously accepted by the Customer, with regard in particular to prices, deadlines, payment conditions and delivery methods. Consequently, the order modified by the Customer will be subject to the general conditions of sale in force at the time of the modification of order, which the Customer accepts.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Exercise of the right of withdrawal by the Customer
The Client has a period of fourteen (14) calendar days from receipt of the goods to notify Mr & Mrs Vape that he wishes to exercise his right of withdrawal. The right of withdrawal may be exercised by sending the withdrawal form below by post, or failing this on the medium of his choice, provided that the Client's wish to withdraw is clearly and unequivocally .
In the event of a single order having given rise to successive deliveries due to Mr & Mrs Vape, the period of fourteen (14) calendar days runs from the last delivery.
The exercise of the right of withdrawal obliges the Customer to return the item (s) to Mr & Mrs Vape and to bear the costs of returning the item (s).
A return number will then be assigned to the product. The product must be returned to Mr & Mrs Vape, in its entirety and in its original packaging, within fourteen (14) calendar days from the exercise of the right of withdrawal, to the following address:
Mr & mrs vape
Internet returns service
105 Rue Boucicaut
92260 Fontenay aux Roses (France)
The reimbursement of the consumer will take place within fourteen (14) days following the date on which Mr & Mrs Vape becomes aware of the Client's wish to withdraw. However, if within this period Mr & Mrs Vape has not received the product or products concerned by the withdrawal, the refund will then be deferred to the first of these two dates: the reception by Mr & Mrs Vape of the said products or the reception by Mr & Mrs Vape of the proof of shipment of the products by the Customer.
The reimbursement will include delivery costs, with the exception of any additional costs arising from the fact that the Customer has expressly chosen a delivery method other than the less expensive standard delivery method offered by Mr & Mrs Vape.
The reimbursement will be made by the same means of payment as that used by the Client for the initial transaction, unless the Client expressly agrees that Mr & Mrs Vape uses another means of payment and insofar as the reimbursement does not result in costs for the Client.
The Customer may be held liable in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods.
This right of withdrawal is exercised without charge, without penalty, with the exception of return costs which remain the responsibility of the Customer.
In the event of the exercise of the right of withdrawal, the Customer has the choice of requesting either a credit, a refund or the exchange of the product. Without specific information from the consumer, Mr & Mrs Vape will reimburse.
Exclusion of the right of withdrawal
Are excluded from this right of withdrawal all goods made according to the specifications of the Customer or clearly personalized.
The right of withdrawal can no longer be exercised when the good, after having been delivered and by its nature, is inseparably mixed with other articles or another good.
Likewise, the right of withdrawal cannot be exercised by the Customer if the goods have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection.
Deliveries are only made according to availability and in the order of arrival of orders.
Mr & Mrs Vape is authorized to make deliveries in whole or in part.
The offers presented by Mr & Mrs Vape are only valid while stocks last. Therefore, in case of unavailability of a product, the Customer is informed without delay.
The Customer then has the choice between canceling his order or replacing it with an equivalent item. The consent of the Client is always collected for the substitution by an equivalent good and is never imposed by Mr & Mrs Vape. As long as the Customer has not indicated his desire to obtain substitution for an equivalent good, he is deemed to renounce his order.
In the event of renunciation of his order, all sums possibly received from the Customer are returned to him.
ARTICLE 7 - RECEPTION - LEGAL GUARANTEES
The Customer benefits from the legal guarantee of conformity provided for by articles L.211-4 to L.211-13 of the consumer code, as well as from the legal guarantee relating to the defects of the thing sold, in application in particular of articles 1641 and 1648 of the civil code.
In particular, in application of articles L.211-1 to L.211-14 of the consumer code, Mr & Mrs Vape guarantees the conformity of the goods, the packaging and, if necessary, the assembly instructions, during two years from delivery.
In the event of a lack of conformity, the Customer chooses between repairing and replacing the goods. As an exception, Mr & Mrs Vape may not apply the Customer's choice if this choice involves a manifestly disproportionate cost with regard to the other modality, taking into account the value of the goods or the extent of the defect.
If the repair and replacement of the goods are impossible, the Customer can choose either to return the goods and have the price returned, or to keep the goods and get part of the price. The cancellation of the sale cannot however be pronounced if the lack of conformity is minor.
The main legal provisions applicable to the legal guarantees available to the Customer are reproduced below:
Article L211-4 of the Consumer Code - The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L211-5 of the Consumer Code - To comply with the contract, the product must:
1 ° Be suitable for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, especially in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code - The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article 1641 of the civil code - The seller is bound by the warranty for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use that the buyer would not have it acquired, or would have given a lower price, if he had known them.
Article 1648 of the Civil Code - The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, in the year following the date on which the seller can be relieved of apparent defects or lack of conformity.
The Customer must leave to Mr & Mrs Vape any facility to proceed to the observation of these defects and to remedy them.
The Customer will refrain from using the goods, the time necessary for Mr & Mrs Vape to remedy the defect found.
The Customer is expressly informed that Mr & Mrs Vape is not the producer of the products offered for sale, within the meaning of articles 1386-1 to 1386-18 of the Civil Code relating to liability for defective products. The goods sold by Mr & Mrs Vape are all produced by identifiable producers on the basis of the information on the packaging of said product.
The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, Mr & Mrs Vape cannot be held liable in the event of a minor error in one of these photographs or one of these texts as long as this error cannot be assimilated to a lack of conformity with regard to the characteristics essentials of the good.
Defects and deterioration caused by non-compliance with the safety instructions relating to storage precautions, specified on the packaging, are excluded from the warranty.
Defects and deterioration caused by incorrect use, improper maintenance, abnormal use, lack of supervision, poor electrical protection of the devices, for such circumstances harmful to the proper functioning of the devices, or by an unforeseen modification of the product neither specified by Mr & Mrs Vape, are excluded from the warranty.
ARTICLE 8 - PRICE
The prices are those of the tariff in force on the day of the order, as indicated on the website www.mr-mrs-vape.com .
Prices are in euros.
They do not take into account the preparation and delivery costs, invoiced in addition, and indicated as such in the contract. The Customer acknowledges having been informed of the preparation and delivery costs prior to his order.
The prices are indicated all taxes included and take into account in particular the VAT applicable on the day of signing the contract. As an exception, in the event that the Customer is domiciled outside the European Union and / or where the delivery of the order takes place in a country outside the European Union, the prices are understood to be exclusive of tax.
ARTICLE 9 - PAYMENT - DELAYED PAYMENT
Any partial payment of the price is received as a deposit.
The goods are payable upon order, unless otherwise stipulated.
No delivery will be made before receipt of the full amount due.
When the payment is staggered, in the event of termination of the sale contract, for non-payment of a due date at its end, the sums previously paid by the purchaser will remain the property of Mr & Mrs Vape.
Similarly, the defaulting Customer will be liable for a lump sum equivalent to the amount of the remaining installments.
The purchaser must reimburse all costs occasioned by the contentious recovery of the sums due.
In the event of deferred payment agreed upon ordering, whatever the form of credit chosen until full payment, the goods must be in good condition, and may neither be sold, nor given or pledged, and must be kept under recommended storage conditions.
ARTICLE 10 - RETENTION OF TITLE
The transfer of ownership of the thing sold is subject to the payment of the price at maturity by the buyer.
The payment will be made within reason of the price.
ARTICLE 11- DISCLAIMER
All the products marketed by Mr & Mrs Vape are intended for the reproduction of steam inhalation.
The product used to reproduce evaporation is based on Propylene Glycol.
No scientific study having been done on the side effects that could be linked to the absorption of this substance, the Customer acknowledges using this product on its full and entire responsibility, Mr & Mrs Vape cannot therefore be held responsible for any any health or health problem for the Client or his entourage.
ARTICLE 12 - APPLICABLE LAW
These general conditions of sale and the sales contract concluded between Mr & Mrs Vape and the Customer on the occasion of an order are subject to French law.
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.
ARTICLE 13 - DATA PROTECTION AND RESPECT FOR PRIVACY
The information that the Customer communicates is essential for the processing and delivery of orders, the preparation of invoices and warranty contracts, their absence results in the cancellation of your order.
When the Customer registers on the website www.mr-mrs-vape.com, he undertakes to provide Mr & Mrs Vape with sincere and true information concerning him. The communication of false information is contrary to these general conditions as well as to the conditions of use appearing on the Site.
The Customer has a permanent right of access and rectification on all data concerning him, in accordance with European texts and national laws in force (article 34 of the law of January 6, 1978). The Customer can at any time make a request to Mr & Mrs Vape in order to know what information it has on him.
The Customer can, at any time and on request, modify this data.
If the Customer has accepted it when identifying him on the website www.mr-mrs.vape.com and taking his order, promotional emails (emails) offering him news, destocking offers, exclusives, bargains, etc. may be sent to him by Mr & Mrs Vape, which the Customer accepts.
The Customer may however request, at any time, to no longer receive e-mails from Mr & Mrs Vape.
Mr & Mrs Vape is the sole holder of information concerning the Client.
Mr & Mrs Vape also informs the Customer that cookies record certain information specific to the Customer when he uses the website www.mr-mrs-vape.com and which are stored in the memory of the hard disk of the Customer's computer. An alert message will however ask the Customer, beforehand, if he wishes to accept cookies or refuse them. These cookies do not contain confidential information concerning the Client.
No financial data (number of bank cards) specific to the Customer is kept by Mr & Mrs Vape.
Outside the European Union, the prices displayed are exclusive of tax.
The sale of personal vaporizers is prohibited for minors and is not recommended for pregnant or breastfeeding women. People with cardiovascular disease or asthma are advised to consume e-liquid without nicotine. In the event of particular pathologies, Vapostore recommends that you speak with your attending physician. People with epilepsy cannot use the personal vaporizer. In accordance with the legislation, the use of the personal vaporizer cannot be considered as a smoking cessation method.