TERMS OF USE OF “LE PETIT VAPOTEUR” WEBSITE

 

Legal Policies 

“lepetitvapoteur.com” website (“Site”) is the exclusive property of LE PETIT VAPOTEUR, a simplified joint stock company (Société par Actions Simplifiée) with a capital of €200,000, having its registered office at 325 rue Sauxmarais - Tourlaville - 50110 Cherbourg-en-Cotentin, registered with the Cherbourg Trade and Companies Register under number 539 694 364 (“LE PETIT VAPOTEUR” or “PETIT VAPOTEUR”).  

VAT number : FR38539694364

Phone number : 02.33.54.14.15

Email : [email protected]

The Site is hosted by OVH SAS, a simplified joint stock company (Société par Actions Simplifiée) having its registered office at 2 rue Kellermann - 59100 Roubaix.  – France. 

Responsible for publication : Monsieur Olivier DREAN 

Date of creation of the Site : 21/02/2012.

  1. PURPOSE

These terms of use (“Terms of Use”) define the terms and conditions under which users (“User(s)”) can access and use the Site. 

The Site offers for sale e-liquid, electronic cigarettes, and electronic cigarette accessories (“Products”). To buy the Products, you must create a client account (“Client account”), accessible to any individual acting for personal use only.

The Terms of Use are completed by the Terms and conditions of sale and the legal policies accessible on the Site. 

Any order placed on the Site is governed by our Terms of Use, our Terms and conditions of sale and our legal policies and imply the agreement of the User to these rules. 

  1. ACCESSIBILITY

Equipment (computers, phones, software, electronic devices ...) allowing access to the Site are born by and under the exclusive responsibility of the User, as well as communication costs incurred by their use.

The User undertakes, each time he uses the Site, to adopt a normal and reasonable behavior and not try to interfere, in any way, with its proper functioning.


The User undertakes, in particular, not to : 

  • disrupt, slow down, block or alter the normal flow of data exchanged within the framework of the use of the Site,
  • accelerate the rate of scrolling of the contents of the Site in such a way that its functioning is modified or altered,
  • commit any other action having an equivalent disruptive effect on the functionality of the Site, 
  • fraudulently access, maintain, interfere with, or disrupt the Site's access systems. 

The User is solely responsible for the conservation and use of his access codes. Unless proven otherwise, any connection to the Site or transmission of data using the User’s access codes will be deemed to have been made by the User.  

Therefore, the User undertakes to keep his access codes secret and is forbidden to divulge it, in any form, to a third party. Moreover, the User is required to disconnect at the end of each session.

The User is solely responsible for any financial consequences resulting from the use of the Site under his name in the interest of a third-party. 

The User undertakes to establish an appropriate control of the system, regarding the technical evolutions, in order to avoid any hacking on the Site and in particular, to avoid illegal use or any use contrary to all or parts of the Terms of Use of information or content on the Site, in any way or any form whatsoever. 

It is up to the User to inform LE PETIT VAPOTEUR, as soon as he is aware of a hacking and especially of any illegal or non-contractual use of all or parts of the Site, regardless of the method used. 

Likewise, the User must inform LE PETIT VAPOTEUR without any undue delay if he noticed a breach in the security system, in particular in connection with an intentional communication or a misappropriation of his access codes so that LE PETIT VAPOTEUR [can/may] take without further delay any measure appropriate to remedy the security breach. 

If LE PETIT VAPOTEUR notices a security breach likely to compromise the Site’s security, LE PETIT VAPOTEUR may temporarily interrupt, without notice, its services in order to remedy such security breach as soon as possible. 

  1. TERMS OF CREATING AND CLOSING THE CLIENT ACCOUNT

  1. Creation of the Client Account

To access the services of LE PETIT VAPOTEUR and to be able to order Products, the Client must have created a client account by providing the following information: 

  • A valid email address, 
  • a password and its confirmation,
  •  last name, 
  • first name and title, 
  • date of birth, 

and click on "REGISTER" (“Client Account”).

When entering the Site, the User must certify [that he is/to being] at least 18 years old, as no sales are made on the Site to minors. 

Once connected to the Site, the User remains authenticated for 1 hour.

The User agrees to provide accurate and complete information as requested in the creation form, to keep it up-to-date and to communicate any changes without delay.

The creation of a Client Account requires providing a valid email address.

If the User provides false, inaccurate, outdated, or incomplete information, LE PETIT VAPOTEUR has the right to refuse the creation of his Client Account, to suspend or close it, as well as to refuse, immediately, the execution of his orders and reserves the right to take any useful legal action. 

  1. Access to the Client account

When creating his Client Account, the User is required to define access codes (his email address and a password) that are personal to him.

The User's access codes allow him to identify himself and to access his Client Account and the services present on the Site. 

The Client Account contains personal data. The User must take care to choose a "strong" password. A good password must contain at least 8 characters of 4 different types: lowercase, uppercase, numbers, and special characters.

To avoid cascading hacks, the Client Account must have a unique password. The User should not choose a password that he already uses for any other account.

Any attempt to substitute another User's password or login is strictly prohibited.

In case of loss of the password, the User will be asked to fill in his identification email address associated with his Client Account and to press "RECOVER". A confirmation email will then be sent to this address allowing the User to reset his password. 

  1. Closing a Client Account

The User may request the termination of his Client Account from LE PETIT VAPOTEUR at any time, without any cost other than that of the transmission of his request, and without any reason, by sending an email to the following address: [email protected]. Termination will be deemed to have taken place within eight (8) working days following receipt by LE PETIT VAPOTEUR of the confirmation by email of the request to close the Client Account concerned, except for orders in progress. In this case, the Client Account will be closed eight (8) working days after the delivery of the last Products ordered.

LE PETIT VAPOTEUR reserves full rights to suspend and/or terminate the User's Client Account, without compensation and without legal formalities, in the event of a serious breach by the User of the Terms of Use and the Terms of sale fifteen (15) days after a formal notice has been sent by email requesting the User to comply with the Terms of Use and the Terms of sale, remained without effect.

LE PETIT VAPOTEUR also reserves the right to automatically terminate the User's Client Account subject to a thirty (30) day notice period after sending a notification by registered letter with acknowledgement of receipt. 

The User will be informed by email of the termination of his Client Account. The User's data will be deleted at the User's request or upon expiration of the legal deadlines following the termination of the User's Client Account or the delivery of the last order. The accounting information can only be deleted after a period of five (5) years.

  1. SECURITY

The Site is protected by a security system. LE PETIT VAPOTEUR has adopted the SSL and 3D Secure encryption process to protect all sensitive data related to payment methods as effectively as possible. 

The payment of the orders is made using the services of the company Checkout.com.

  1. GUARANTEE OF OPERATION OF THE SITE AND LIABILITY

LE PETIT VAPOTEUR makes its best efforts to allow access, consultation, and use of the Site in accordance with the rules of Internet usage.

However, LE PETIT VAPOTEUR cannot guarantee that the Site will be free of anomalies, viruses, errors or bugs, nor that these can be corrected, nor that the Site will function without interruption or breakdown, nor that it will be compatible with any computer equipment or particular configuration. 

The Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of LE PETIT VAPOTEUR and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Site.

Maintenance interventions may be carried out at any time without prior notice to the User. 

The User declares that he accepts the characteristics and limits of the Internet, and in particular its technical performance,  response times for consulting, querying, or transferring data and the risks associated with the security of communications.

In this respect, the User acknowledges that : 

  • it is the User's responsibility to take all appropriate measures to protect his own data and/or software from contamination by any viruses that may be circulating on the Site, 
  • use of the Site is at the User's own risk; the Site is accessible to the User "as is" and according to its availability, 
  • the User is solely responsible for any damage to his device or any loss of data resulting from downloading or consulting the Site, 
  • the User is solely responsible for the use he makes of the Site, 
  • the communication of any information deemed confidential is made under the responsibility of the User, 
  • it is the User's responsibility to take all necessary measures to ensure that any material downloaded by the User or obtained in any other way while using the Site is done so at his own risk,
  • the technical characteristics of his equipment allow him to consult the Site. 

Consequently, and within the limits authorized by the law, LE PETIT VAPOTEUR cannot be held liable for any type of foreseeable or unforeseeable damage, material or immaterial (including loss of profit or opportunity...) suffered by the User and resulting from the use or total or partial impossibility of using the Site and/or one of the services offered.

  1. INTELLECTUAL PROPERTY

All copyrights (meaning in particular all design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site), graphic design rights, trademarks and all other intellectual property rights in any material or information contained on the Site shall remain in all circumstances the exclusive property of LE PETIT VAPOTEUR. Nothing in the Terms of Use or in the content of the Site shall be construed as granting, directly or by implication, any license or right other than to [view/consult] the Site.

In general, and without this list being considered exhaustive, the User agrees:

  • to use and/or download the information on the Site on his equipment solely for his own personal use and for a limited period of time, 
  • to print the downloaded information on paper only on the condition that the copies thus made are for personal use only, 
  • not to copy and/or reproduce all or part of the Site, in particular, on another site or an internal company network, 
  • not to reproduce, reuse, summarize, alter, modify, move, extract, replace, store, or redistribute , represent, or store, directly or indirectly, on any kind of support whatsoever, by any method and in any form whatsoever, all or part of the information and/or reproductions (illustrations, photos, etc.) appearing on the Site and/or the name, logo(s), trademark(s) of LE PETIT VAPOTEUR.

  1. MODIFICATIONS 

LE PETIT VAPOTEUR reserves the right to modify unilaterally and at any time the content of  the Terms of Use without having to inform the User beforehand. The User must therefore regularly refer to the latest version of the Terms of Use available on the Site before placing any order and to cease using the Site in the event of disagreement with the Terms of Use in force.

  1. HYPERTEXT LINKS

The Site may contain hypertext links to other websites over which LE PETIT VAPOTEUR has no control. Despite the preliminary and regular checks carried out by LE PETIT VAPOTEUR, the latter declines any responsibility as for the contents which it is possible to find on these sites.

LE PETIT VAPOTEUR authorizes the setting up of hypertext links to any page or document on its Site, provided that the links are not for commercial or advertising purposes and that LE PETIT VAPOTEUR has expressly given its agreement to the creation of the links.

LE PETIT VAPOTEUR reserves the right to remove at any time a hypertext link pointing to its Site if it considers it to be in breach of its editorial policy.

  1. PERSONAL DATA

The personal data concerning the User is required to manage the services associated with his Client Account and to manage commercial relations.

For more information on the use of personal data in connection with LE PETIT VAPOTEUR, the User can consult the Privacy Policy and Cookie Management Policy pages.

  1. CHOICE OF LAW / FORUM SELECTION

The interpretation and execution of the Terms of Use, as well as all acts  resulting from or being the consequence of them, will be subjected to French law and this, regardless of the place of delivery of the Products, the place of placing an order, the nationality of the User and his address. 

Any dispute resulting from the present and/or from any order which will be addressed to LE PETIT VAPOTEUR and/or from any sale carried out by LE PETIT VAPOTEUR will be subjected to the exclusive competence of the competent Court of Paris even in the event of appeal in guarantee or of plurality of defendants or incidental request.