VAPOVAP SAS (hereinafter VAPOVAP SAS) offers several types of services via its liquidbox.fr website.
These activities are carried out under the name "Liquidbox", and are operated by the liquidbox.fr website, operated by VAPOVAP SAS.
The www.liquidbox.fr website is open to Internet users aged 18 and over, and is strictly forbidden to minors.
The business of VAPOVAP SAS includes the sale of a subscription service enabling the receipt of liquids for vapoteuse (or electronic cigarette) containing or not containing nicotine (hereinafter "the monthly subscription service").
It also sells vapoteuse and vapoteuse equipment on its website, as well as the said liquid. (other than in subscription format).
The purpose of these General Terms and Conditions of VAPOVAP SAS is to define the rights and obligations of the parties in connection with the sale of the Liquidbox service and products to Customers of the liquidbox.fr website.
They apply, without restriction or reservation, to all sales of products and services offered by VAPOVAP SAS on its website www.liquidbox.fr (hereinafter the "Site" or "Website").
Any order placed on the liquidbox.fr website or affiliated website dependent on VAPOVAP SAS implies acceptance of these General Terms and Conditions, which the Customer acknowledges having read, understood and accepted in full knowledge of the facts.
These General Terms and Conditions are available in French only, this being the only valid version. The customer may save and print them.
These Terms and Conditions are governed by French law and current French standards.
VAPOVAP SAS reserves the right to modify the present General and Specific Conditions of Sale at any time, without prior notice, it being understood that such modifications will be inapplicable to reservations and orders previously accepted and confirmed by the Customer.
1. Company details
The www.liquidbox.fr website is published by VAPOVAP SAS, a simplified joint stock company with share capital of 10,000.00 euros, headquartered at 11 avenue de la Division Leclerc, 94230 Cachan, France, and registered in the Créteil Trade and Companies Register under number 801 800 988. Tel: 09 82 42 72 82.
To contact VAPOVAP SAS or the www.liquidbox.fr website, please send an e-mail to the following address: [email protected]
2. Legal capacity
Customers declare that they are of legal age and fully capable of contracting.
3. Geographical area
Products and services are offered only in mainland France, Corsica and Monaco, as well as in Belgium and Switzerland, in the French language. For logistical reasons, subscriptions or sales outside these geographical areas may be considered on a case-by-case basis.
4. Service availability
The Services of the Liquidbox website(s) are normally accessible by the customer 24 hours a day, 7 days a week, all year round, except in the event of voluntary or involuntary interruption, whatever the cause. This may include maintenance. Given the nature of its business, VAPOVAP SAS is subject to an obligation of means, and cannot be held responsible for any physical, material or moral prejudice caused by the unavailability of the site(s).
5. Liquidbox" specific conditions: monthly subscription service
This service provides customers with one or more boxes containing liquids for use with a vaporizer or similar equipment.
The Contract provided for in the present General Terms and Conditions provides for the dispatch of one or more boxes per calendar month, i.e. one or more boxes for the month of January, one or more boxes for the month of February, etc.
Each box may, at the customer's request, also contain additional material, which may or may not be invoiced to the customer according to the pricing policy proposed on the site. The customer must ensure that the information provided to VAPOVAP SAS is accurate and correct.
The company cannot be held responsible for the consequences of any input errors.
The contract between the Customer and VAPOVAP SAS shall only be concluded upon receipt by the Customer of a payment confirmation email from VAPOVAP SAS.
5.1 Subscription
- monthly subscription, with monthly direct debit
By subscribing to this offer, the Customer subscribes to the monthly box delivery service sent by VAPOVAP SAS until one of the parties decides to terminate this subscription. The Customer acknowledges that his subscription to this offer commits him to a defined mandatory monthly payment.
The customer must pay a delivery charge for each box.
Unless the Customer unsubscribes in accordance with the conditions set out in the article entitled "Unsubscribing", the Customer will be debited the amount specified at the time of the initial order, automatically each month, on a fixed date. The Customer is free to terminate his subscription at any time under the conditions set out in the "Unsubscription" article of these General Terms and Conditions.
By validating his/her order, and after having checked the contents of the order and, if necessary, having modified it, the Customer declares that he/she fully and unreservedly accepts all of the present General Terms and Conditions.
After confirming the content of the order, the Customer will validate it definitively by payment. The order will only be definitive once the corresponding price has been paid.
- how the monthly subscription works
VAPOVAP SAS shall systematically confirm each Customer's order by e-mail.
The first box will be dispatched as soon as the Customer has chosen its contents and paid the indicated shipping costs.
VAPOVAP SAS will systematically confirm each Customer's box content selection by e-mail.
In all cases, the subscription may be interrupted temporarily or permanently by VAPOVAP SAS as indicated in the article "deactivation of the customer account" of these General Terms and Conditions of Sale. VAPOVAP SAS shall not be held liable for any prejudice suffered by the Customer.
It is expressly agreed that VAPOVAP SAS reserves the right to suspend the box shipment service for one month. In this case, the Customer will not be debited for the amount of the subscription. VAPOVAP SAS shall not be held liable for any prejudice suffered by the Customer.
5.2 Unsubscribing
The customer may cancel the monthly subscription at any time from the date of subscription.
Customers can use the unsubscribe link in their personal space on the liquidbox.fr website. This will enable the customer to unsubscribe immediately.
Cancellation shall be taken into account immediately by VAPOVAP SAS. VAPOVAP SAS undertakes not to charge any cancellation fees to the Customer.
6. Prices for services and products sold on the site
The sales prices of the services and products listed on the Site are indicated in Euros, inclusive of all taxes, it being understood that the products ordered are invoiced at the prices in force when the order is registered.
The selling prices of services and products may be modified by VAPOVAP SAS at any time, and the modification shall be notified to the Customer prior to any Order.
Sales prices do not include shipping costs, which are invoiced in addition to the price of the services and products purchased, depending on the amount of the order. Shipping costs will be indicated before the Customer registers the order.
7. Product features - Conformity
VAPOVAP SAS may at any time modify the range of products and services offered for sale on its Internet Site, without prejudice to the Orders placed by the Customer.
In accordance with Article L. 111-1 of the French Consumer Code, the Customer may, prior to placing an Order, take note, on the VAPOVAP SAS Internet Site, of the essential characteristics of the services and/or product(s) he/she wishes to order. The Customer is fully aware of and accepts the characteristics of this service.
The information mentioned on each product page is that communicated to VAPOVAP SAS by the suppliers of these products. VAPOVAP SAS is not involved in the creation or design of this information and cannot be held responsible for any consequences related to this information. VAPOVAP SAS will make its best efforts to ensure that the photographic representation of products or services on the Website is as faithful as possible to the products or services themselves. However, due to the digital presentation of products or services on the Internet, it is possible that the Customer's perception of the photographic representation of the products or services may not correspond exactly to the product or service itself, which the Customer acknowledges and recognizes.
The products comply with current French legislation. The photographs, graphics and descriptions of the products offered for sale are indicative only and are not binding on VAPOVAP SAS.
8. Availability
The offers presented by VAPOVAP SAS are valid as long as they are announced on the Site and within the limits of available stocks.
In the event of unavailability of one or more products or services after the Order has been placed, the Customer will be notified by e-mail. The amount of the Order will be recalculated and the Customer will be debited with the new amount, less the missing products. If the Order is completely unavailable, the Customer will be notified by e-mail and will not be debited or reimbursed. In this case, VAPOVAP SAS shall not be held responsible for any loss suffered by the Customer, nor liable for any damages.
9. Controls
When the Customer confirms his/her order by clicking on the "Confirm your payment" icon (hereinafter referred to as "the Order"), he/she is deemed to have accepted, with full knowledge of the facts, the content and conditions of the Order in question, and in particular these General Terms and Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Customer.
VAPOVAP SAS shall then confirm this order by sending an e-mail to the Customer.
In addition, VAPOVAP SAS reserves the right to suspend or cancel any Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the VAPOVAP SAS Internet Site, including on the occasion of previous Orders.
Therefore, in the event of an error in entering the e-mail address concerned, or of non-receipt of the electronic message confirming the Order, VAPOVAP SAS shall not be held liable. In this case, the sale shall be considered final, except in the event of cancellation of the Order by VAPOVAP SAS, in particular due to product unavailability. The Customer may nevertheless exercise his right of withdrawal under the conditions set out in article 13 of these General Terms and Conditions of Sale.
10. Payments
All orders are payable in euros.
Payment for purchases is made by credit card.
The Customer warrants to VAPOVAP SAS that he/she is fully authorized to use the payment card for the payment of his/her order and that these means of payment legally give access to sufficient funds to cover all costs resulting from his/her order on the liquidbox.fr site. VAPOVAP SAS cannot be held responsible for any fraudulent use of the means of payment used.
VAPOVAP SAS reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Customer or in the event of a payment incident.
Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to amounts unpaid at the end of a period of ten days following the supposed payment date, or upon notification of rejection of bank payment for any other means of payment.
Delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.
All payments will be processed using a secure data encryption procedure so that no information transmitted by the Customer can be intercepted by third parties.
It is the customer's responsibility to save and print their payment certificate if they wish to retain the bank details relating to their transaction.
11. Order delivery
1. Terms and conditions of delivery :
Products purchased on the liquidbox.fr website are delivered only to Metropolitan France, Corsica and Monaco (unless specifically stated at the time of sale), as well as to Belgium and Switzerland.
Products will be delivered to the address indicated by the Customer on the website when placing the order, in mainland France, Corsica and Monaco, as well as in Belgium and Switzerland, according to the delivery method chosen on the liquidbox.com website.
The delivery times indicated on the site are indicative and correspond to the average processing and delivery times observed.
VAPOVAP SAS cannot be held responsible for the consequences of late delivery.
In all cases, if the parcel is returned to the sender, a second delivery will be made at the Customer's expense.
If the parcel is returned to the sender, it will no longer be returned to the Customer and the amount corresponding to this order, including any additional delivery charges, will remain the property of VAPOVAP SAS.
2. Terms and conditions of delivery specific to the monthly subscription service :
Each month, VAPOVAP SAS sends the boxes to the Customer at the delivery address indicated by the Customer during the order process.
If the Customer wishes to change the place of delivery, he/she must inform VAPOVAP SAS before paying the shipping costs by modifying his/her details on his/her account.
3. Receipt of Packages :
Without prejudice to the measures to be taken with regard to the carrier or the Vendor's employee if the delivery is made by the latter, complaints about apparent defects or non-conformity of the goods delivered in relation to those ordered or to the dispatch note, must be made in writing within 8 days of delivery of the goods.
It is the purchaser's responsibility to provide full proof of any defects or anomalies observed. The purchaser must allow the Vendor every opportunity to observe and remedy such defects. The purchaser shall refrain from using the goods for the time necessary for the Vendor to remedy the defect. If the defect is found, the merchandise will be replaced, the delivery costs of the exchanged merchandise being borne by the Vendor.
12. Product returns
Within fourteen (14) days of receipt of the order, the Customer may request VAPOVAP SAS to return the Product(s).
To do so, the Customer shall go to the Site, in the "My account" section. VAPOVAP SAS will then process this request and notify the Customer of its decision by e-mail. The Customer shall then return the parcel by post to VAPOVAP SAS within one week and have the proof of deposit stamped, which he/she shall retain. The Product(s) must be returned in its original packaging, in its original condition, new and unopened, to the following address: 11 avenue de la Division Leclerc, 94230, Cachan, France.
Returns are at the customer's risk.
If the Product(s) is (are) not returned by the Customer within fourteen (14) days of receipt of his/her order, or if the Product(s) is (are) not returned in the condition described above, the return shall be considered cancelled and the Customer shall retain the product. The returned Product(s) will be replaced within a maximum of thirty (30) days from receipt by VAPOVAP SAS by an equivalent Product(s). Return postage costs shall be borne by the Customer.
The Customer must notify VAPOVAP SAS of any reservations regarding the product delivered (e.g. damaged package, already opened, missing parts) within 2 days of receipt of the product. If the product is found to be defective, the Customer may benefit from the conditions set out in this article. If the product is found to be defective, the Customer will receive a new product while stocks last. If the product is out of stock, the Customer will receive an equivalent product. No other compensation may be claimed from VAPOVAP SAS for non-receipt of a box. In any event, its liability is limited to the monthly value of the subscription.
13. Withdrawal rights and deadlines
In accordance with article L. 121-20 of the French Consumer Code, the Customer has a period of 14 clear days from the date of receipt of the order or from the date of subscription to the purchase method concerned, to return the products ordered, at his own expense, for reimbursement.
Products must be returned to VAPOVAP SAS at the address specified in article 12 § 1 above.
In the event of exercise of the right of withdrawal, VAPOVAP SAS shall reimburse the Customer for the corresponding sum within a maximum period of thirty (30) working days from receipt of the return. Reimbursement will be made by crediting the amount debited from the Customer's credit card account.
To exercise this right, in the case of the monthly subscription service, the customer must, within the above-mentioned period, cancel the service by sending a letter with acknowledgement of receipt to the head office address.
This same period applies from receipt of each box. Returns must be made at the customer's expense, in the original box. The contents of the box must not be opened.
14. Reservation of ownership
VAPOVAP SAS retains full and complete ownership of the products sold until full payment has been received, in principal, costs, taxes and compulsory contributions included.
15. Intellectual property
All elements reproduced on liquidbox.fr, including but not limited to texts, comments, works, illustrations, images and trademarks, are protected under intellectual property law. Any total or partial reproduction of the elements accessible on the liquidbox.fr site is strictly forbidden.
16. Signature and proof
VAPOVAP SAS strives to protect its customers' personal information by ensuring a high level of security, but the Customer also has a role to play in protecting his personal data. In particular, the Customer must maintain the security of its online transactions by, for example, not disclosing its identifier (the Customer's e-mail address) and/or password to anyone, and by regularly changing its password. In this respect, VAPOVAP SAS may not be held liable for the disclosure of information concerning the Customer to any individual having used the Customer's identifier (Customer's e-mail address) and/or password.
In this respect, the use of the Customer's identifier (e-mail address) and/or password shall constitute proof of the Customer's identity, and payment of the corresponding sums upon validation of the Order. VAPOVAP SAS shall under no circumstances be held responsible for the fraudulent use of this information.
The provision of the credit card number and the final validation of the Order shall constitute proof of acceptance of said Order and shall constitute payment of the sums incurred by the seizure of the products appearing on the Order. The computerized records kept in the computer systems of VAPOVAP SAS and its partners shall be considered as proof of the communications, Orders and payments that have taken place between the Parties.
17. Customer account deactivation
Non-compliance by the Customer with the obligations subscribed to under the terms of the present General Terms and Conditions, any incident of payment of the price of an order, actions contrary to the interests of VAPOVAP SAS, provision of false information when creating an account, may result in suspension of access to the VAPOVAP SAS service, or even termination of the Customer's account and subscription, depending on the degree of seriousness of the actions in question, without VAPOVAP SAS being entitled to claim any damages or compensation whatsoever. VAPOVAP SAS reserves the right to refuse any order from a Customer with whom such a dispute exists, even if the Customer uses a new account.
18. Customer service
For further information or questions, please refer to the FAQ on the www.liquidbox.fr website.
If you have any specific questions, please contact customer service by e-mail at [email protected].
19. Liability
- VAPOVAP SAS offers a product supply service, but is in no way the designer, manufacturer or prescriber of these products. Consequently, VAPOVAP SAS shall not be held liable for any bodily and/or immaterial and/or material damage that may result from the use of the products present in the box, which are distributed under the sole responsibility of their manufacturers, and which are used under the sole responsibility of the Customer.
Any complaints arising from the use of the products in the box must be addressed directly to the manufacturer.
- VAPOVAP SAS shall not be held liable for the obligations of these General Terms and Conditions of Sale in the event that the non-performance of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts, or to any other event that was not reasonably under the exclusive control of VAPOVAP SAS.
The information accessible on the Internet Site is provided "AS IS" without warranty of any kind, whether implied or express, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the VAPOVAP SAS Internet Site, or their suitability for the use that the Customer intends to make of them. VAPOVAP SAS shall not be held liable for items sold on its Internet Site, in particular in the event of non-conformity with their instructions for use. Neither shall VAPOVAP SAS be held liable for any damage caused to the Customer or a third party as a result of such non-conforming use.
VAPOVAP SAS declines all responsibility for direct or indirect damage, whether foreseeable or not, caused by the use of the website. In the event that the liability of VAPOVAP SAS should be established or retained on the grounds of prejudice to the customer and attributable exclusively to the placing of an order, such liability shall be limited to the amount of the order placed by the customer.
Any claim filed by a user, including any Customer, against VAPOVAP SAS must be filed within 6 months of the occurrence of the event that is the subject of the claim.
20. "Informatique et Libertés
The information and data collected by VAPOVAP SAS when the Customer places an order are necessary for order management and commercial relations.
They may be transmitted to companies contributing to this relationship, such as those responsible for the execution of services and orders, for their management, execution, delivery, processing and payment. This information and data is also kept for security purposes, to comply with legal and regulatory obligations, and to enable VAPOVAP SAS to improve and personalize the services offered and information sent. In accordance with the French Data Protection Act, customers have the right to access and rectify their personal data. Customers should write to [email protected], giving their full name, e-mail address and customer reference.
Depending on the choices made when creating or consulting his/her account, the Customer may receive offers from VAPOVAP SAS, as well as from partner companies as indicated when creating the account.
VAPOVAP SAS reserves the right to use the statistics provided by questionnaires completed by Customers in order to improve its service and that of partner brands.
21. Website advertising
VAPOVAP SAS may decide to place advertising space on the www.liquidbox.fr website at any time. VAPOVAP SAS enjoys total freedom when it comes to the choice of advertisers, the types of advertising display and their position on the site.
22. Modifications to the General Terms and Conditions
VAPOVAP SAS reserves the right to modify and update the General Terms and Conditions of Sale without prior notice. In order to be informed of any such modifications, VAPOVAP SAS advises the Customer, and in general any user, to reread the Site's GTC regularly. The Order shall be subject to the Terms and Conditions in force at the time of the Order.
23. Communication between the Customer and VAPOVAP SAS
By becoming a user of the Internet site, the Customer acknowledges that exchanges between him/her and VAPOVAP SAS will be mainly electronic (by email) except in the specific cases presented in these General Conditions or required by law.
In particular, the Customer expressly agrees to receive invoices by e-mail.
The customer contractually acknowledges that the information, notifications and contracts are in full compliance with current regulations.
It is understood between the parties that the choice of exchange mode constitutes an agreement on proof within the meaning of article 1316-2 of the French Civil Code.
24. Continuity and transfer of contractual rights and obligations
Contracts between the Customer and VAPOVAP SAS and/or its successors and assigns shall be binding between the parties.
Customers' contracts, rights and obligations may not be assigned or transferred without prior written consent.
The contracts, rights and obligations of VAPOVAP SAS may be assigned or transferred at any time without the prior consent of the Customer.
25. GUARANTEE
The merchandise is covered by the legal warranty as defined in articles 1641 et seq. of the French Civil Code.
26. GENERAL
-Partial invalidity
If one or more of the stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
-No waiver
The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in these GCS shall not be interpreted for the future as a waiver of the obligation in question.
Applicable law and jurisdiction
Any dispute relating to the performance or interpretation of these General Terms and Conditions shall be submitted to the competent court of Créteil, depending on the nature of the dispute.