GENERAL TERMS AND CONDITIONS OF ONLINE SALES LE PETIT VAPOTEUR

 

Article1: GENERAL PRINCIPLES 

The present general terms and conditions constitute a distance sales contract, defining the rights and responsibilities of LE PETIT VAPOTEUR Company - SAS share capital of 200 000 €, head office located at 325C Rue de Sauxmarais, 50110 Cherbourg-En-Cotentin, registered at RCS at Cherbourg under the registration number 539 694 364, VAT number FR38539694364 (hereafter named  « LE PETIT VAPOTEUR » or « PETIT VAPOTEUR » and for the Client in the framework of the buying and selling of catalogued items on the www.lepetitvapoteur.com website.

The present terms and conditions are concluded between the LE PETIT VAPOTEUR Company, hereafter named "LE PETIT VAPOTEUR" , and any person wishing to make a purchase, hereafter named the "Client', via the www.lepetitvapoteur.com website, hereafter named the "Site". 

The Clients are consumers, defined as natural persons acting in a private capacity and not relating to their trade, commercial, business, artisanal, liberal or agricultural, who wish to make a purchase on the Site. However, confined with the disposition of the article L.3513-5 of the Public Health Code, LE PETIT VAPOTEUR is not allowed to sell any Electronic Cigarette or E-Liquid products associated with them to minors under the age of 18.  

The fact that one of the parties may waive a right set out in the present terms and conditions cannot be interpreted as the automatic waiving of any such rights in the future. The cancellation of a clause in the general terms and conditions has no effect on the validity of the general terms and conditions as a whole.

The validation of an order by the Client implies the agreement with the present terms and conditions.

The present general terms and conditions of sales may be amended at any time and without prior notification by LE PETIT VAPOTEUR, the amendments being applicable to all orders placed after the aforementioned amendment. LE PETIT VAPOTEUR may be obliged to occasionally amend certain points in the general terms and conditions of sales. The Client is therefore advised to re-read the terms and conditions of sales before validating his or her order.

For all questions or complaints concerning items, orders, personal information, right of withdrawal, pick-up point for waste recovery or item warranty, the Client may contact LE PETIT VAPOTEUR Company by one of the following means:

By post : LE PETIT VAPOTEUR 325C Rue de Sauxmarais 50110 Tourlaville

By Telephone: France (0033) (0)2 33 54 14 15

By Email: https://www.lepetitvapoteur.com/fr/contact us

 

ARTICLE 2: THE SITE - THE ITEMS - AVAILABILITY 

All the contents of the Site (illustrations, texts, denominations, brand names, images, videos) are the property of LE PETIT VAPOTEUR. Partial or complete reproduction of the Site is prohibited, unless the LE PETIT VAPOTEUR Company gives its express and prior authorisation. LE PETIT VAPOTEUR Company does not authorise the creation of hypertext links without its express and prior agreement. 

The items advertised for sale by LE PETIT VAPOTEUR are presented in detail such that any consumer is able to know the essential features of the items that he or she wishes to purchase, in particular by means of technical specifications drawn up by its partners and suppliers, and photographs illustrating the items. As such the products are described and presented with the greatest accuracy as possible. The differences between the products and their photographs on the website may potentially (colours, shades) depending on the resolution and definition of the colours on the screen of the Client. However, the products presented are with the usual tolerance and usual materials. 

Le Petit Vapoteur will strongly ensure that the photographs, illustrations and texts which appear on the website are of the best accuracy as possible in accordance with the best information as possible for the Client.

Consequently, LE PETIT VAPOTEUR is not liable for possible errors that do not misrepresent the essential features of the items.

 The items are brand new. They are offered for sale while stocks last and within the possibility of restocking through suppliers of LE PETIT VAPOTEUR.

The availability of items will be definitively validated in the order shipment confirmation which will be addressed to the Client by email.

In the event that one of the items ordered is not available during the preparation of the Client's order, LE PETIT VAPOTEUR guarantees to contact the Client by email as soon as possible after the order is placed to give the Client an estimated delivery date, notwithstanding that the Client is entitled to cancel his or her order.

If it should be impossible to supply an item, the Client will be given the possibility to replace it with another item of similar quality, features, and price. Failing that, if the Client should cancel the order for the item concerned, the reimbursement for the unavailable item shall be made no later than fifteen (15) days after deposit of the sum paid by the Client. The reimbursement shall be made by accrediting the Client's bank account. The cancellation of an item in an order and its reimbursement shall have no effect on the remainder of the order, which remains confirmed and definitive.

In accordance with the article L.111-4 of the French Consumer Code, LE PETIT VAPOTEUR delivers to the Client all support adapted before the conclusion of sale, information carried during the period whilst or up to the date which the products for the spare part are available on the market, where the information has effectively transmitted by the manufacturer or importer. This information, when transmitted must be confirmed in writing when the Client has purchased the product. 

Electric or Electronic equipment sold containing dangerous substances which may potentially have effects on the environment and human health. In consequence, items must not be disposed with unsorted municipal waste.

Le Petit Vapoteur engages freely to recover used electric or electronic equipment which the Client chooses to discard, within the quantity limit and type of product sold.

The Client may take used electric or electronic equipment if he wishes to discard the products in a garbage dump.

Le Petit Vapoteur can refuse to take back electric or electronic equipment following contamination, presenting the risk of security and health towards personnel who are in charge of recovering conventional equipment (PPI) or current situations which cannot be avoided. In this case, LE PETIT VAPOTEUR will inform the holder of the used electric or electronic equipment with an alternative solution.

Le Petit Vapoteur engages freely to take back, without any obligation the sale of batteries, new accumulators, wasted batteries, and portable accumulators of the same type, as well as the same type of batteries and accumulators which are commercialized and brought to it by the Client/s. 

Article 3: ORDERS

The Client declares that they have the capacity to enter into the present contract; in other words that they are an adult in the legal sense and are not under guardianship or curatorship.

The Client will place the order in accordance with the indications given on the Site. He or she promises to complete the inscription and order form taking care to give complete and precise information as necessary. In any event, the Client is responsible for information entered on the inscription form and during order placement. In the case of any error, LE PETIT VAPOTEUR is not liable for any adverse effects or delivery delays for items or services thus caused (name or address error).

Reception of the order by LE PETIT VAPOTEUR together with its payment formally confirms the distance sales contract concluded with LE PETIT VAPOTEUR. Once the order is validated, the Client may print out a summary of the electronic order which they will receive by email accompanied with a form for the exercise of a possible retraction. This document must be kept as it constitutes proof of the Client's order and the contract binding the parties.

In all events, LE PETIT VAPOTEUR reserves the right not to satisfy any Client request/order deemed to be excessive or non-compliant with legislation in general and/or the general terms and conditions or when the Client has not respected his obligations towards LE PETIT VAPOTEUR.

Any order placed on the Site is automatically cancelled if due payment is not received within fifteen (15) clear days.

 

Article 4: PRICE and PAYMENT

Selling prices of products listed on the Site are given in Euros including VAT but excluding shipping fees.

The total sum in all events are indicated at the end of the online order procedure, before its validation. The price invoiced to the Client is the price indicated on the order confirmation which gives the price of items with VAT to which any applicable shipping fees are added.

The Shipping Fees are indicated on the following page: Please click on the link:

https://www.lepetitvapoteur.com/en/content/1-delivery

Shipping fees are indicated in the Shopping Cart and are calculated according to the destination.

LE PETIT VAPOTEUR reserves the right to modify its selling prices at any time. Notwithstanding, prices may not be changed after the order has been placed. Applicable prices for items ordered are those listed on the Site on the day of the order.

As part of its pricing policy, LE PETIT VAPOTEUR has put in place a loyalty program granting price reductions based on purchases made by the Client. To benefit from it, the Client must comply with the conditions of the loyalty program indicated on the following page:

https://www.lepetitvapoteur.com/en/content/51-programme-de-fidelite For more information about the loyalty program, the Client is invited to consult this link/page. 

The orders are payable in Euros, in total, (subject to the stipulations relating to <payment of 3 installments>) At no time may sums paid be considered as an advance or deposit.

Payment may be made as follows:

  • by bank card on the partner payment site of LE PETIT VAPOTEUR 
  • by PAYPAL
  • by bank tansfer

The sum total of the order shall be debited at the time of order confirmation.

For orders which have a minimum total amount of 80euros including VAT (including shipping costs) paid by credit card the Client has the possibility to choose the option <payment 3 times> without charge. This type of payment allows the Client to pay for his/her purchase by credit card in 3 installments with no additional costs. Full payment is effectuated within a maximum period of 60 days from validation. For more information concerning this payment method, the Client is invited to consult the following link: https://www.lepetitvapoteur.com/fr/content/28-payer-votre-commande-en-3-fois-sans-frais

In the event of non-payment on the due date LE PETIT VAPOTEUR may implement the retention of the title stipulated in Article 11 

Once payment is validated, the Client receives order confirmation by electronic mail, accompanied with the invoice.

Items which are sold remain entirely the property of LE PETIT VAPOTEUR until complete payment of all sums due in relation to the Client's order. 

Article 5: DELIVERY – RECEPTION – USE OF PRODUCTS

5.1 Terms of Delivery

Delivery is possible to mainland France, to DROM COM, and to countries indicated at the following address: https://www.lepetitvapoteur.com/content/1-livraison. Delivery may exceptionally be possible outside this geographical area, subject to acceptance by LE PETIT VAPOTEUR.

For the delivery, the Client must choose a delivery method proposed by LE PETIT VAPOTEUR. As such the delivery methods are as follows: 

(i) Delivery is made to the delivery address given by the Client when placing the order.

(ii) Delivery to a pick-up point chosen by the Client when placing his/her order on the website amongst those proposed. 

(iii) The Clients order is placed in a store amongst the LE PETIT VAPOTEUR network. 

For more information concerning the financial and practical terms of delivery and particularly those of our delivery partners (package tracking...) the Client is invited to consult the following link: https://www.lepetitvapoteur.com/en/content/1-livraison

(i) Delivery to the address provided by the Customer

If the Client has selected this delivery method, then the order will be delivered to the address which has stipulated on the Site. 

LE PETIT VAPOTEUR will not be held responsible in any case of delays/and or non-delivery if the address is false or incorrect or to which delivery would deem impossible. 

Delivery is said to have been made by LE PETIT VAPOTEUR once the items ordered have been given to the Client by the carrier. Product risks are immediately transferred to the Client at this point in time.

Shipping is ensured by an independent company. The Client agrees to sign the delivery receipt for items received. If the Client is absent at the time of delivery, the latter has 15 work days to collect the package from the carrier or collection point chosen by the Client, starting from the time indicated on the delivery notice left by the carrier. In all events, the Client is informed as soon as possible when the item(s) become available.

Any package returned to LE PETIT VAPOTEUR due to an incorrect or incomplete delivery address, or due to the Client failing to collect their package from the carrier or collection point within the indicated time as in the previous paragraph, will be reshipped at the Client's expense.

(ii) Delivery to a pick-up point

The products ordered by the Client will be delivered to the pick-up point chosen by the Client, at the expense of the matter to withdraw the products. 

The Client is informed for the delivery of their order by email. 

The Client is informed of the period during which they can collect the order. 

As part of withdrawal the Client must provide identification when collecting their order. 

Due to the withdrawal of the order by the Client, materialised with a signature of the receipt form (or any other document equivalent), the risk of the product is immediately transferred to the Client. 

If the Client does not collect their order made available for collection at the pick-up point within the time period stated, and after collection remains unsuccessful, the order will be transferred back to LE PETIT VAPOTEUR or to the delivery company. In this case the Client will be informed by any person, and means of modalities, including financial to obtain a new delivery. The costs resulting in new delivery will be in any case carried by the Client. 

(iii) Disposition of order in store

The Client has the possibility to have their order available in one of the LE PETIT VAPOTEUR stores. As such, it is up to the customer to select the store of his/her choice proposed on the Site. 

If the Client chooses this delivery method he/she must withdraw the order themself in the selected store, by their own means. 

LE PETIT VAPOTEUR will send an e mail to the Client to inform him/her that the order is available, and he/she can pick it up in the store. 

The withdrawal of the order can only be effectuated during the opening hours and opening days of the store concerned. It is specified that no withdrawal can take place on Saturdays, Sundays, and Bank Holidays or during any closing periods. 

In order to withdraw the order, the Client must go in the store with their order number and valid identification. Otherwise the store team will not be able to give the order to the Client and the store will be entitle to keep the order, at the expense of the Client returning to the store with the necessary information. 

Due to the withdrawal of the order by the Client, materialized by the scan of the package in store, the risk of the product will immediately be transferred to the Client. 

The Client has up to 14 clear days from the email informing him/her for the availability of the order which can be picked up in store. If the Client does not proceed to withdraw their order within the time period, the order will be cancelled. The amount in question will then be reimbursed to the Client and the products will then be restocked in store. 

5.2 Delivery Time

Deliveries are made, as far as possible, in accordance with the indicative delivery times given on the Site depending on the delivery method chosen and as per the electronic dispatch confirmation for the order. The delivery times are indicated as precisely as possible and depends on the availability of the products ordered and by the carrier. Deadlines are in working days (excluding Saturdays, Sundays, and Public Holidays). 

In case of foreseeable delay in delivery LE PETIT VAPOTEUR will inform the Client as soon as possible by email and provide him/her with an additional estimated delivery time. 

As such, the Client is informed of the average delivery times on the following link: https://www.lepetitvapoteur.com/en/content/1-livraison

In all events, LE PETIT VAPOTEUR promises to make delivery to the Client/consumer within a maximum of 30 days counting from the Conclusion of the Contract.

Should this time period be exceeded and unless there is a case of force majeure, the Client may cancel the e-sales contract concluded with LE PETIT VAPOTEUR by registered letter with acknowledgement of receipt if, after having ordered LE PETIT VAPOTEUR to make the delivery which did not run within the time limit

The contract will be considered as cancelled on reception of this letter by LE PETIT VAPOTEUR, unless LE PETIT VAPOTEUR has executed the contract in the meantime.

Once the contract has been resolved as stipulated above, LE PETIT VAPOTEUR is held to reimburse the total sum paid by the Client, within fourteen (14) days following the date when the contract was revoked. The sum paid by the Client is increased automatically by 10% if the refund is made no later than 30 days, after this by 20% up to 60 days and 50% otherwise.

5.3 Reception

It is the Client's responsibility to check the condition of the packaging and items and the number of items on reception, whether it is delivery, from the pick-up point or in store. This check is considered effected as soon as the Client, or a person authorised to do so, has signed the delivery receipt or other equivalent documents  or products scanned in store. 

It is the Client’s responsibility to express their reservations clearly and precisely on the carrier's delivery receipt in the case of a contention, product deterioration during transport, damage, missing items, or delay. The Client must confirm such reservations with relevant details to the carrier by registered letter with acknowledgement of receipt within three (3) days, excluding Public Holidays, following reception of the items.

In accordance with the article L.224-65 of the French Consumer Code, if the Client personally accepts the delivery from the carrier, if the carrier does not allow time for the client to check the status of the delivered product, the period mentioned above is increased to ten (10) days.

Without affecting any claims that may be made against the carrier, claims concerning visible defects or the non-conformity of items delivered shall be notified to LE PETIT VAPOTEUR in writing days starting from the delivery date or when the items become available. It is incumbent on the Client to provide proof concerning the existence of any defects or anomalies observed, in particular by sending to LE PETIT VAPOTEUR:

-          a photocopy of the letter of reservation addressed to the carrier.

-          and a photocopy of the delivery receipt mentioning such reservations.

Any late claims could potentially prevent the claim from being taken account. 

It is expressly agreed that wording such as "pending a check at the time of unpacking" does not constitute a reservation in the sense of the present article.

In case of delivery to a pick-up point, if the Client notices during the time of withdrawal that the package is damaged (damaged, torn, already open) etc, he/she should indicate it immediately to the pick-up point that he/she refuses the package, and it will be returned to the company. 

In regard to withdrawals in store, in the dispute of quantity and/or the state of the products, the Client must immediately inform the team of the store concerned. 

In all events, LE PETIT VAPOTEUR cannot be held responsible for any delay or non-delivery due to a case of force majeure or a fault committed by the Client

 

ARTICLE 6: LEGAL GUARANTEES

6.1 General Stipulations

LE PETIT VAPOTEUR is liable for the lack of conformity in contracted goods under the Article L.217-4 and the French Consumer Code against defects of products sold stipulated in Article 1641 of the French Civil Code.

As such the Client an make a request under the legal guarantee of conformity or the guarantee of defects hidden under things sold by addressing there claim to LE PETIT VAPOTEUR mentioned in Article 1 as present: 

When acting under the Legal Conformity, the Client

- has a period of up to 2 years from delivery to act

- can choose from repairing or replacement under the reserved conditions of Article L.217-9 of the French Consumer Code.

- It is incumbent of the Client to provide any proof as to the reality of any defaults under the conformity of 24 months following the delivery of the goods.

- The legal guarantee of the conformity independently applies to the commercial guarantee that may be granted.

- The Client can decide to implement the guarantee against hidden defects of products sold under the Article 1641 of the French Civil Code, and in this case, the Client can choose from the resolution of sale or a reduction of the selling price in conformant of the Article 1644 of the French Civil Code.

6.2 Complementary Precisions 

The legal conformity as mentioned above, LE PETIT VAPOTEUR must deliver products conformed to the contract and respond to defaults of conformity existing in the time of delivery.

As such, it is stated that the commercialized products by LE PETIT VAPOTEUR, in particular the accumulators have a duration of limited longevity which depends essentially on the conditions of use of the product by the Client (frequent utilisation, shocks, maintenance default, exposure to extreme temperatures, contact with water, etc...).

The lifespan of almost all the commercialized products by LE PETIT VAPOTEUR is inferior to a delay of 24 months corresponding to the duration of the legal guarantee of conformity.

Also, the presumption of existence at the time of delivery with the products, the conformity defaults in 24 months following the delivery, is practically never compatible with the specific nature of products.

In consequence, in accordance with the article L.217-7 of the French Consumer Code, LE PETIT VAPOTEUR can fight this presumption. 

 

Article 7: RETURNS and RESPONSIBILITES

7.1 Claim / Liability

In case of any (see article 6), the Client should therefore provide justification enabling confirmation of defaults or anomalies stated. It should be left up to LE PETIT VAPOTEUR to facilitate a procedure to observe these vices or anomalies.

Under the reserve of exercise and eventual rights of retraction, returned products must be expressively agreed by LE PETIT VAPOTEUR. All Items must be returned where possible in their original packaging, with their labels and with all their components and accessories; and accompanied with the notice and a copy of the invoice.

All returns will result in replacement of the product or reimbursement to the Clients Account, issued to the Client after qualitative and quantitative checks of the returned items. The costs and risks of returning an item are assumed by the Client, if the non-conformity is not proven. 

With the responsibility, of LE PETIT VAPOTEUR, is engaged as a result of fault on their behalf, the repairs apply directly and personally to damages of the Client.

In any state of cause, LE PETIT VAPOTEUR declines all responsibility, particularly the choice of product chosen by the customer, resulting in damages from modifications to the product or resulting in failure with recommendations of use for the product.

In addition, it is reminded that LE PETIT VAPOTEUR is not the producer, in the sense of articles 1245 and following the Civil Code, the commercialized products via the Website. In consequence, the responsibility can only be engaged in the event of damages to the product and/or due to the person with the defected products in the sense aforementioned article. If the Client seeks compensation of such damages, they should contact the manager of the concerned supplier.

LE PETIT VAPOTEUR cannot be held responsible for temporary or permanent damage caused to IT equipment and data belonging to the Client, or for possible loss or damage following access to or navigation on the Site in particular. The transmission of data via the Internet may provoke errors and/or cause the Site to be temporarily unavailable. Consequently, LE PETIT VAPOTEUR cannot be held responsible for the unavailability of or interruption to its online services.

7.2 Commercial Guarantee

LE PETIT VAPOTEUR (whose address is stated in Article 1 of these conditions) grants commercial guarantee on certain products and brands, the terms of these guarantees are defined below. 

The contractual guarantee is destined for the reimbursement of the purchase price or for the replacement of the product in the conditions set out below, this only in the event of defects due to hidden anomalies prior to deliveries. 

The guarantees are granted at no additional cost to the price of the product. 

They are granted on the following territory: the whole world. 

The guarantees are granted for the periods depending on the category of the product:

  • models which function with an integrated battery (kit, tube, box...) guaranteed 3 months
  • models which function with one or more accumulator (kit, tube, box...) guaranteed 6 months 
  • clearomisers are guaranteed 1 month
  • reconstructable atomisers are guaranteed 2 months 
  • chargers and all other accessories are guaranteed 1 month

These deadlines run from the date of purchase on the Site and are not renewable. 

E liquids are excluded from the present contractual guarantee and therefore not taken back or exchanged under the procedure set out below. 

To implement this guarantee, the Client must comply with the following terms: 

- The Client must contact customer services at LE PETIT VAPOTEUR and obtain his/her prior agreement for the return of the product(s). 

- The Client must return the concerned product to customer services at LE PETIT VAPOTEUR at the precise address specified in Article 1 in the present conditions, the return costs remain the responsibility of LE PETIT VAPOTEUR. 

- Defective products can only be returned with the serial number on the packaging. 

If the claim is covered by the present guarantee, LE PETIT VAPOTEUR engages to reimburse the product by creating a credit note or replacing it with a new one. 

In case of replacing the product, the costs will be supported by LE PETIT VAPOTEUR. 

Any items which are purchased via a coupon or voucher, can only be refunded in the same form. 

The guarantee expressly excludes damages and/or costs incurred as a result of: 

- Normal wear and tear of the products

- The intervention of the Client or a third party of the product. 

- Damage resulting from the negligence of the Client or third party or even non-compliance with the recommendation of maintenance or use of the product following the product sheet, assembly or use instructions or other recommendations transmitted. 

Special return conditions: Defective products such as: Wheels & Time,  Pipeline, Dotmod, Titanide, Cigabois, Animodz and Lost vape are not covered by the present commercial guarantee, they are supported directly by the manufacturers; the defective products such as Surric, Yihi, Chalet-MFG and 3D Make Art are in turn likely to be sent to the manufacturers for repair by LE PETIT VAPOTEUR (the duration for reparation may take up to 2 to 6 Weeks). 

If the tests and controls are carried out by LE PETIT VAPOTEUR and they do not reveal any malfunctions and/or anomalies not covered by this guarantee, the concerned product will be returned to the sender at his/her expense. 

Regardless of the commercial guarantee, LE PETIT VAPOTEUR remains bound  by the legal guarantee of conformity which is mentioned in the Article L.2174-4 to L.217-12 of the Consumer Code and in that relating to defects with things sold in the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. 

The dispositions of the Articles L.217-4, L.217-5, L.217-12 and L.217-16 of the Consumer Code as well as the Article 1641- and the first paragraph of the Article 1648 of the Civil Code are reproduced in Article 16 of these present general conditions. 

Article 8: FORCE MAJEURE 

In the event of a case of force majeure arising that makes it impossible for LE PETIT VAPOTEUR to honour its obligations, the contract is immediately suspended from the moment of notification by one of the parties by any means. In the same way, the party concerned shall inform the other party of the end of the force majeure and from the time of such notification, the contract shall be executable again. 

Force Majeure means that in any events, making it impossible or difficult to perform obligations because of unforeseeable, irresistible, or external natures of event, these three criteria’s being the alternative, such as war, riots, fires, floods, strikes (total or partial), disruption of energy supply (EDF, GDF, OIL...) blockage of telecommunications, computer networks, regulation changes, delays or failures in the intervention of external partners such as suppliers and sub-contractors.

If such an event exceeds fifteen (15) days after its notification date, the contract shall be considered legally terminated. Any sums received by LE PETIT VAPOTEUR before this date shall be reimbursed to the Client.

Article 9: Client obligations

The Client promises to transmit to LE PETIT VAPOTEUR all the necessary elements for successful order execution. In this respect, the Client remains responsible for the content and precision of information transmitted to LE PETIT VAPOTEUR, and especially to those in relation to its majority.

Items are used under the sole responsibility of the Client. Under these conditions, the Client is responsible for keeping the item/product in good condition, to use it according to its purpose, by following in particular the applicable stipulations provided by LE PETIT VAPOTEUR or suppliers.

Article 10: RIGHT OF RETRACTION

Pursuant to article 221-18 of the French Consumer Code, the Client has a retraction period of fourteen (14) clear days from the reception date of items ordered ( the date of the reception is not counted in the period, it starts to run from the next day). If the withdrawal expires on a Saturday, Sunday or on a Public Holiday or a non-working day, it is extended until the first following working day. 

In the case of an order placed for several products delivered separately, or an order consisting of numerous parts where the delivery is spread over a defined period, the period starts from the receipt of the last reception of the goods or lot pieces.

However, in accordance with article 221-18 of the French Consumer Code:

"The right of retraction cannot be exercised in the case of contracts:

 3° Supply of goods confectioned depending on the specifications of the consumer or clearly personalised;

 4° Supply of goods susceptible to deteriorate or expire rapidly;

 5° Supply of goods that have been unpacked by the consumer after delivery and which cannot be returned for reasons of hygiene or public health safety;

 6° Supply of goods that, after delivery and by their very nature, are combined in an indissociable way with other articles;"

To exercise the right of retraction, the Client shall, within the time period indicated above, address a letter with acknowledgement of receipt to LE PETIT VAPOTEUR, indicating their wish to exercise this right or by returning the standard form for exercising the right of retraction (in Annex 1 of the present terms and conditions) to the address presented. 

The Client shall return the items, with their own expenses to the address mentioned in the present terms and conditions, within fourteen (14) days following their decision to retract, in their original packaging, unused and in perfect condition, without any trace or mark, with their labels, all accessories and any gifts offered. 

It is as such a reminder to the Client, in conformant of disposition with the article L.221-23 of the French Consumer Code, responsibility can be engaged in case of depreciation of products resulting with mishandling, as well as those strictly to establish the nature, the characteristics and good functioning of the products.  

In case of retraction, concerning several products and the Client does not return all of products, LE PETIT VAPOTEUR will deduct the amount from the reimbursement, the price of the products missing.

LE PETIT VAPOTEUR promises to reimburse the Client within 14 days starting from the date indicating the Client's decision of retraction. LE PETIT VAPOTEUR is however fully entitled to differ reimbursement until effective recuperation of the goods or until the Client has provided proof of shipment details, the date chosen being the first of these requests. 

LE PETIT VAPOTEUR will effectuate the reimbursement in the same form utilised by the Client for the initial transaction, except if the Client has otherwise agreed to use another way of payment in the measure of reimbursement where no extra costs incurs for the Client.  

Article 11: RETENTION OF TITLE

Items sold by LE PETIT VAPOTEUR to its Clients remain the property of LE PETIT VAPOTEUR until full payment is made of the principal amount as well as any principal costs, interest, and incidental amounts. Nevertheless, all risks are transferred to the Client from the time of reception of the items by the Client.

In the case of payment default, LE PETIT VAPOTEUR, without waiving any other of its rights, may demand by registered letter with acknowledgement of receipt that all items are returned at the risk and cost of the Client. The Client shall also be liable for any legal and procedural fees.

Article 12: DATA PROTECTION

LE PETIT VAPOTEUR will continue to collect and process the personal data of Clients in accordance with the applicable regulations which are applied to the personal data and the Privacy Policy that it has elaborated.

The Privacy Policy of LE PETIT VAPOTEUR completes the present conditions, in which it forms an integral part, we invite you to consult it by clicking here.

Article 13: TELEPHONE OPPOSITION

The Client when communicating telephone co-ordinations to LE PETIT VAPOTEUR via the website when placing an order online, the client is informed they can register on the opposition list for telephone communications via (Bloctel). It is however indicated that LE EPTIT VAPOTEUR can contact the Client via telephone for strict requirements for the execution of their present contract.

 

Article 14: APPLICABLE LAW 

 

The parties agree that the present conditions and their consequences are subject to French law. The contractual and relational language to be used between the parties is French.

However, deliveries out of France, it is indicated to the Client that the French Law applies under the mandatory provisions of the law in which the Client resides.

Article 15: SETTLEMENT OF DISPUTES

The Client is duly informed by LE PETIT VAPOTEUR of the possibility of recourse, in the case of dispute, to a conventional mediation procedure.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, LE PETIT VAPOTEUR adheres to the services of the E-Commerce Mediator of FEVAD (Federation of e-commerce and sales at distance), the contact details are below: 

60 Rue La Boétie - 75008 Paris

http://www.mediateurfevad.fr

The Client may refer to this mediator for disputes relating to orders placed with LE PETIT VAPOTEUR on the Site. To find out the referral to Mediator click here

Before choosing a Mediator, the Client engages to present the claim to LE PETIT VAPOTEUR to the address indicated in article 1 in the present General terms and conditions.

In addition, LE PETIT VAPOTEUR informs the Client the existing online platform for dispute regulations placed by the European Commissions, with the possibility to use it in the event of a dispute with LE PETIT VAPOTEUR in connection with the present contract.

This Platform is accessible via the following link: https://webgate.ec.europa.eu/odr/

 

Article 16: OBLIGATORY INFORMATION FOR CLIENT/CONSUMERS

 

Pursuant to article L. 217-15 of the French Consumer Code, have reproduced the following articles -- L. 217-4, L. 217-5 and L.217-12 of the French Consumer Code, as well as article 1641 and the first paragraph of article 1648 of the French Civil Code, the Client expressly declaring knowledge of them before placing their order.

 

Article L. 217-4 of the French Consumer Code

 

The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.

He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.

 

Article L. 217-5 of the French Consumer Code

 

To conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable:

- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

 

Article L. 217-12 of the French Consumer Code

 

Action resulting from lack of conformity lapses two years after delivery of the product.

 

Article L. 217-16 of the French Consumer Code

When the buyer demands the seller, during the course of commercial guarantee which was granted during the acquisition during the repair of property, covered by warranty, the period of immobilization of at least seven days has been added to the duration of the guarantee which remains in process.

This short period is accounted from the date of the intervention from the buyer for the disposition of repairs for the property in question, if this provision is subsequent for the request of intervention.

 

Article 1641 of the French Civil Code

 

A seller is bound to a warranty on account of the latent defects of the product sold which renders it unfit for the use of which it was intended, or which so impair that use that the buyer would not have acquired it or would only have given a lesser price for it, had he known of them.

 

Article 1648 of the French Civil Code paragraph 1

 

The action resulting from redhibitory vices must be brought by the buyer "within a period of two years following the discovery of the vice."

Appendix 1: RETRACTION FORM

Please complete and return the form only if you wish to withdraw the contract.

For the Attention of:

LE PETIT VAPOTEUR

ADDRESS : 325C Rue de Sauxmarais, 50110, TOURLAVILLE

I hereby notify you of my withdrawal from the contract for the sale of the property below:

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Ordered on (*) / received on (*) .....................................................

Name of the Consumer(s): .............................................................

Address of the Consumer(s): ..........................................................

Signature of the Consumer(s) only in case of notification of present form on paper:

 

 

Date: ..........................................

 

(*) Erase the symbol