The company VAPOVAP SAS (hereinafter VAPOVAP SAS) offers several types of services via its website liquidbox.fr.
These activities are carried out under the name "Liquidbox", and are operated by the liquidbox.fr website, operated by the company VAPOVAP SAS.
The website www.liquidbox.fr is open to Internet users aged 18 and over and is strictly forbidden to minors.
The company VAPOVAP SAS is engaged in the sale of a subscription service allowing the receipt of liquids for vapoteuse (or electronic cigarette) containing or not containing nicotine (hereinafter "the monthly subscription service")
It also has for activity the sale of vapoteuse and material for vapoteuse on its website as well as the sale of the said liquid. (other than in the format of a subscription).
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 service and the products Liquidbox to the customers of the website liquidbox.fr.
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 Conditions, which the Customer acknowledges having read, understood and accepted with full knowledge of the facts.
The present General Conditions are available only in French, this version being the only valid one. The customer has the option to save and print them.
The present General Conditions are subject to French law and to the French standards in force.
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 shall be inapplicable to reservations and orders previously accepted and confirmed by the Customer.
1. Company details
The website www.liquidbox.fr is published by the simplified joint stock company VAPOVAP SAS with a share capital of 10,000.00 euros, whose registered office is at 11 avenue de la Division Leclerc, 94230 Cachan, 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, you can send an e-mail to the following address: [email protected]
2. Legal capacity
Clients report being major and fully capable of contracting.
3. Geographical area
The products and services are offered only in metropolitan France, Corsica and Monaco, as well as in Belgium and Switzerland, in the French language. For logistical reasons, subscriptions or sales outside of these geographical areas can be taken into account on a case by case basis.
4. Availability of services
The services of the Liquidbox site (s) are normally accessible by the client 24 hours a day, 7 days a week and all year except in the event of a voluntary interruption, regardless of the cause. In particular it will be maintenance. By its activity, subject to an obligation of means, the company VAPOVAP SAS shall not be liable for any physical, material or moral damage caused by the unavailability of the site (s).
5. Specific conditions of the "Liquidbox" service: monthly subscription service
This service provides for the distribution to its customers of one or more boxes containing liquids intended for use with a vapoteuse or related material.
The Contract provided for in these General Conditions foresees the sending 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 shall ensure that the information provided to VAPOVAP SAS is accurate and compliant.
The latter 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 levy
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 its subscription to this offer commits it to a defined mandatory monthly payment.
The Customer will have to pay a delivery fee for each box.
From then on, unless the Customer unsubscribes under the conditions provided for in the article "unsubscribing", the Customer will be charged the amount specified at the time of his initial order, automatically each month, on a fixed date. The Customer is free to terminate his subscription at any time under the conditions provided for in the "unsubscribe" article of these General Conditions.
By validating his order, and after having checked the content of the order and, if necessary, having modified it, the Customer declares to accept fully and without reserve the entirety of these General Conditions.
After confirming the content of his order, the Customer will validate it definitively by the payment. The order will be final only after the payment of the corresponding price.
-Monthly subscription operation
VAPOVAP SAS shall systematically confirm the order of each Customer by e-mail.
The first box will be shipped once the Customer has chosen its content and paid the shipping costs indicated.
VAPOVAP SAS shall systematically confirm the selection of the contents of each box for each Customer by e-mail.
In all cases, the subscription may be temporarily or permanently interrupted by VAPOVAP SAS as indicated in the article "deactivation of the customer account" of the present General Terms of Sale. VAPOVAP SAS shall not be held responsible for any damage suffered by the Customer.
It is expressly agreed that VAPOVAP SAS reserves the right to suspend the box delivery service for one month. In this case, the Customer shall 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 Unsubscribe
The customer will be able to request the termination of his monthly subscription at any time, from the taking of the subscription.
The Customer can use the unsubscribe link on his personal space on the liquidbox.fr website. This link will allow the Customer to unsubscribe immediately.
Termination shall be taken into account immediately by VAPOVAP SAS. VAPOVAP SAS undertakes not to charge any termination fee to the Customer.
6. Prices of services and products on sale on the site
The sales prices of the services and products appearing on the site are indicated in euros all taxes included, on the understanding that the products ordered are charged at the prices in force when registering the order.
The sale prices of services and products may be modified by VAPOVAP SAS at any time and the modification shall be notified to the Customer before any Order is placed.
The sales prices do not include shipping costs, which are charged in addition to the price of the services and products purchased, depending on the amount of the order. The shipping costs will be indicated before the order is placed by the Customer.
7. Characteristics - Conformity of the products
VAPOVAP SAS may modify at any time the assortment of products and services offered for sale on its website, 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) that 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 shall not be held responsible for any consequences related to this information. VAPOVAP SAS shall 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 does 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 advertised on the site and within the limit of available stocks.
In the event that one or more products or services are unavailable after the Order has been placed, the Customer will be informed by e-mail. The amount of the Order will be recalculated and the Customer will be charged the new amount, minus the missing products. If the Order is completely unavailable, the Customer shall be notified by e-mail and shall not be debited or refunded. In this case, VAPOVAP SAS shall not be held responsible for any prejudice suffered by the Customer, nor shall it be liable for any damages.
9. Commands
When the customer confirms his order by clicking on the "Validate Your Payment" icon (hereafter "the Order"), it shall be considered to have accepted in due knowledge the contents and conditions of the order in question and in particular the present general 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.
Furthermore, VAPOVAP SAS reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that may be 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 Web Site, including on the occasion of previous Orders
Also, 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 such a case, the sale shall be considered final, except in the case of cancellation of the Order by VAPOVAP SAS, notably due to the unavailability of products. The Customer may nevertheless exercise its right of withdrawal under the conditions set forth in Article 13 of these General Sales Conditions.
10. Payments
All orders are payable in euros.
The payment of the purchases is carried out by means of a bank 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 such means of payment legally provide access to sufficient funds to cover all costs resulting from his/her order on the liquidbox.fr site. VAPOVAP SAS shall not 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, regardless of 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 increased by five points are automatically applicable to the unpaid amounts at the end of a period of ten days following the date of supposed payment or upon notification of the rejection of bank payment for any other means of payment.
The delivery of any new order may be suspended in case of late payment of a previous order, notwithstanding the provisions hereof.
All payments will be processed through a secure data encryption procedure so that no information transmitted by the Customer is intercepted by third parties.
It is the Customer's responsibility to save and print their payment certificate if they wish to keep the bank details of their transaction.
11. Delivery of orders
1. Terms and conditions of delivery:
The products purchased on the liquidbox.fr website are delivered only in Metropolitan France, Corsica and Monaco (unless specifically mentioned during the sale) as well as in Belgium and Switzerland.
The products will be delivered to the address indicated by the Customer on the website when placing the order, in Metropolitan 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 times, corresponding to the average processing and delivery times observed.
VAPOVAP SAS shall not be held responsible for any consequences due to a delay in delivery.
In all cases, if the package is returned to the sender, a second delivery will be made at the expense of the Customer.
If the package is returned to the sender, it shall no longer be returned to the Customer and the amount corresponding to this order, including any additional delivery charges, shall remain the property of VAPOVAP SAS.
2. Terms and conditions of delivery specific to the monthly subscription service:
VAPOVAP SAS sends each month via a service provider the boxes to the customers at the delivery address indicated by it during the order process.
In case of a change in the desired delivery location, the Customer is required to inform VAPOVAP SAS before the payment of the shipping costs by modifying its details on its account.
3. Receipt of parcels:
Without prejudice to the provisions to be taken vis-à-vis the carrier or the employee of the seller if the delivery is carried out by his care, claims on apparent defects or on the non-conformity of the goods delivered in relation to that ordered or the consignment note must be made in writing within 8 days of the delivery of the goods.
It will be up to the purchaser to provide any justification as to the reality of the defects or anomalies found. He will have to leave it to the seller to make the finding of these defects and to remedy it. The purchaser shall refrain from using the goods, the time necessary for the seller to bear remedy for the defect found. If the defect is found, then the goods will be replaced, the delivery costs of the exchanged goods being paid by the seller.
12. Return of products
Within fourteen (14) days from the date 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, under the heading "My account". VAPOVAP SAS shall 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 it shall keep. The Product(s) must be returned in its original packaging, in its original, new, unopened condition, to the following address: 11 avenue de la Division Leclerc, 94230, Cachan
The return is at the risk of the Customer.
If the Product(s) is (are) not returned by the Customer within fourteen (14) days of receipt of its order, or if the Product(s) is (are) not returned in the condition described above, the return shall be considered as cancelled and the Customer shall retain the product. The returned Product(s) shall be replaced within a maximum of thirty (30) days from its receipt by VAPOVAP SAS by an equivalent Product(s). Return shipping costs shall be borne by the Customer.
The Customer shall notify VAPOVAP SAS of any reservation regarding the delivered product (e.g.: damaged package, already opened, missing parts) within 2 days following receipt of the product. In the event that the defective product is proven, the Customer may benefit from the conditions provided for 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 the non-receipt of a box. In any event, its liability shall be limited to the monthly value of the subscription.
13. Rights and time limits of withdrawal
In accordance with article L. 121-20 of the consumer code, the customer shall have a period of 14 free days from the date of receipt of his order or of the date of subscription to the purchase method concerned, to return at his own expense, the products ordered, for reimbursement.
Products must be returned to VAPOVAP SAS at the address specified in Article 12 § 1 above.
In the case of an exercise of the right of withdrawal, VAPOVAP SAS shall reimburse the Customer for the corresponding amount within a maximum period of thirty (30) working days from receipt of the return. Reimbursement shall be made by crediting the sum debited to the account corresponding to the Customer's bank card.
To exercise this right, in the case of the monthly subscription service, the Customer must, within the above-mentioned period, proceed to the termination of the service by means of a letter with acknowledgement of receipt to the address of the head office.
This same period is valid from the reception of each box. The return must be made at the expense of the Customer, in the original box. The contents of the box must not be opened.
14. Reservation of Ownership
VAPOVAP SAS retains the full ownership of the products sold up to the perfect cashing of the full price, in principal, fees, taxes and obligatory contributions included.
15. Intellectual Property
All the elements reproduced surliquidbox.fr and in particular but not exclusively the texts, comments, works, illustrations, images and trademarks are protected under intellectual property. Any total or partial reproduction of the elements accessible on the liquidbox.fr site is strictly prohibited.
16. Signature and proof
VAPOVAP SAS works to protect the personal information of its customers by ensuring a high level of security, but the client also has a role to play in the protection of his personal data. In particular, the customer must maintain the security of his online transactions, for example by not communicating to anyone his username (email address of the customer) and/or his password and by regularly changing his password. As such, VAPOVAP SAS cannot be responsible for the disclosure of customer information to any individual who has used his or her username (e-mail address of the client) 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 shall render the corresponding sums payable upon validation of the Order. VAPOVAP SAS shall in no way be held responsible for the fraudulent use of such information.
The provision of the credit card number and the final validation of the Order shall constitute proof of acceptance of the said Order and shall constitute payment of the sums involved in 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 made between the Parties.
17. Deactivation of the customer account
Failure by the customer to comply with the obligations entered into under these general conditions, any incident of payment of the price of an order, acts contrary to the interests of VAPOVAP SAS, the issuance of false information during the creation of the account, may result in the suspension of access to the service of VAPOVAP SAS, or even the termination of its account and subscription depending on the degree of severity of the actions involved , without claiming any damages or indemnities to the company VAPOVAP SAS. VAPOVAP SAS reserves the right to refuse any order from a customer with whom such litigation would exist, even if it uses a new account.
18. Customer service
For any information or question, the FAQ is available on the website www.liquidbox.fr.
For any specific question, the customer service is accessible by email at [email protected].
19. Responsibility
– VAPOVAP SAS offers a product supply service, but is in no way the designer, the manufacturer or the prescriber of these products. Therefore, VAPOVAP SAS shall not be liable in any way for any bodily injury and/or immaterial and/or material that may result from the use of the products in the box which are released under the sole responsibility of their manufacturers, and that are used under the sole responsibility of the customer.
Any complaint which could result from the use of the products present in the box will have to be addressed directly to the manufacturer.
- The liability of VAPOVAP SAS under the obligations of the present General Terms and Conditions of Sale shall not be incurred 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 any guarantee of any kind, whether implicit or explicit, 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 with respect to items sold on its Internet Site, in particular in the event of non-conformity with their instructions for use. VAPOVAP SAS shall not be held liable for any damage caused to the Customer or to a third party resulting from such non-compliant use.
VAPOVAP SAS declines all responsibility for direct and 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 due to damage to the customer and attributable exclusively to the taking 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 formulated within 6 months of the occurrence of the event, subject of the claim.
20 "Data Processing and Liberties
The information and data collected by VAPOVAP SAS during any order of the customer are necessary for the management of orders and commercial relations.
It may be transmitted to companies that contribute 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, in order to comply with legal and regulatory obligations, and to enable VAPOVAP SAS to improve and personalize the services offered and the information sent. In accordance with the French Data Protection Act, Customers have the right to access and rectify personal data concerning them. The Customer should write to [email protected], indicating his or her surname, first name, e-mail address and customer reference.
Depending on the choices made when creating or consulting its 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 through the questionnaires that Customers will have filled out in order to improve its service and that of its partner brands.
21. Advertising on the website
At any time VAPOVAP SAS may decide to place advertising spaces on the website www.liquidbox.fr. VAPOVAP SAS enjoys a total freedom when it comes to the choice of these advertisers, the types of visualization of advertisements but also of their position on the site.
22. Modifications to the General Conditions
VAPOVAP SAS reserves the possibility to modify and update the general conditions of sale without notice. To be informed of these possible modifications, VAPOVAP SAS advises the customer, and in general, any user, to re-read the site's regularities regularly. The order will be subject to the current terms and conditions at the time of the order.
23. Communication between the Customer and VAPOVAP SAS
By becoming a user of the website, the customer acknowledges that the exchanges between him and VAPOVAP SAS will be mainly electronic (by email) except in the special cases presented in these general conditions or required by law.
In particular, the Customer expressly accepts that invoices are sent to him by email.
The Customer contractually acknowledges that the information, notifications and contracts are in full compliance with the regulations in force.
It is understood between the parties that the choice of exchange mode is equivalent to an agreement on proof within the meaning of Article 1316-2 of the Civil Code.
24. Continuity and transfer of rights and obligations of the contract
Contracts between the client and VAPOVAP SAS and/or its successors and assigns are binding between the parties.
The contracts, rights and obligations of the Clients cannot 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 prior consent of the Customer.
25. Warranty
The goods benefit from the legal guarantee as defined in articles 1641 et seq. of the Civil Code.
26. General
-Partial non-validity
If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other provisions shall retain all their force and scope.
-Non-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 GTC shall not be interpreted for the future as a waiver of the obligation in question.
Applicable law and jurisdiction
Any dispute relating to the execution or interpretation of these General Conditions will be submitted to the competent court according to the nature of the dispute in the city of Créteil.