GENERAL TERMS AND CONDITIONS OF ONLINE SALES LE PETIT VAPOTEUR

Article1: GENERAL PRINCIPLES 

The present general terms and conditions (hereafter «GTC» 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 Tourlaville, 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 GTC 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 cannot be interpreted as the automatic waiving of any such rights in the future. The cancellation of a clause in the GTC has no effect on the validity of the general terms and conditions as a whole.

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 PRODUCTS

2.1 Product Characteristics 

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 Products comply with French legislation and current community regulations. PETIT VAPOTEUR cannot be held responsible for any non-compliance with the legislation of the country to which the product will be delivered (e.g., in case of a product being prohibited...). It is the responsibility of the Customer to check with the local authorities of the country of delivery regarding the possibilities of importing or using the products they intend to order. PETIT VAPOTEUR cannot guarantee that the information on the packaging of the Products is translated into all languages of the European Union.

LE PETIT VAPOTEUR may modify the assortment of products offered for sale on its website at any time, taking into account the constraints related to its suppliers, without prejudice to orders placed by the Customer.

2.2 Instructions for Use 

It is reminded that the products sold on the Website must be used with caution. 

Regarding the equipment (electronic cigarettes and accessories), it is imperative to familiarise oneself with the instructions provided with the product before use. 

Regarding e-liquids, all safety data sheets for these e-liquids are available to the Customer upon simple request to LE PETIT VAPOTEUR using the contact information provided in Article 1. 

In the event that a safety data sheet is not accessible, the Customer may request it from LE PETIT VAPOTEUR.

E-liquids may contain propylene glycol, vegetable glycerin, nicotine, and flavours.

Since no official scientific study has been conducted on the potential side effects associated with the absorption of these substances, the Customer acknowledges that they use this product at their own risk and PETIT VAPOTEUR cannot be held responsible for any health or medical issues experienced by any of its Customers. 

LE PETIT VAPOTEUR cannot be held responsible for any damages of any kind, including material, immaterial, or bodily harm resulting from the use of products that do not comply with their instructions for use or safety data sheet.

2.3 Availability 

The products are new products. They are offered for sale subject to availability and the ability to source them from PETIT VAPOTEUR's suppliers. 

The availability of products will be definitively confirmed upon the dispatch confirmation of the order, which will be sent to the Customer by email. 

In the event that one of the ordered products is not available during the preparation of the Customer's order, PETIT VAPOTEUR undertakes to contact the Customer by email as soon as possible from the date of the order to inform them of the expected delivery time for that product, and the Customer has the right to cancel the order.

 In case a product is not available, the Customer will be offered the option to exchange it for another product of equivalent quality, characteristics, and price, or, in certain cases, receive a credit equivalent to the amount paid for the unavailable products. Otherwise, if the Customer cancels the order for the respective product, the refund for the unavailable product will be made no later than fifteen (15) days after the receipt of payment by the Customer. The refund will be made by crediting their bank account or by bank transfer. The cancellation of the order and its refund will not affect the remaining part of the order, which will remain firm and final.

2.4 Spare Parts

In accordance with Article L. 111-4 of the Consumer Code, PETIT VAPOTEUR provides the Customer, on any suitable medium before the conclusion of the sale, with information regarding the period during which or the date until which spare parts necessary for the use of the product are available on the market, provided that this information has been effectively transmitted by the manufacturer or importer. This information, when transmitted by the manufacturer or importer, will be confirmed in writing upon the Customer's purchase of the product.

2.5 Collection of Used Products 

The electrical and electronic equipment sold contains hazardous substances that can have potential effects on the environment and human health. Therefore, they should not be disposed of with unsorted municipal waste.

That is why LE PETIT VAPOTEUR offers free collection of used electrical and electronic equipment from the Customer, within the limits of the quantity and type of equipment sold. To do so, the relevant products must be deposited at a LE PETIT VAPOTEUR store by the Customer. 

LE PETIT VAPOTEUR may refuse to collect electrical and electronic equipment that, due to contamination, poses a risk to the safety and health of the personnel responsible for the collection and cannot be avoided through conventional personal protective equipment or common packaging means. In such cases, LE PETIT VAPOTEUR informs the holder of the rejected used electrical and electronic equipment about alternative disposal options. 

LE PETIT VAPOTEUR commits to accepting, free of charge and without any obligation to purchase new batteries or accumulators, the waste of batteries and portable accumulators of the same type as the types of batteries and portable accumulators it sells, when brought in by Customers.

Article 3 : ORDERS

Any order implies acceptance of the General Terms and Conditions (GTC), General Terms of Use (GTU), and legal notices of the website. 

3.1 Placing an order 

Upon entering the website, the customer declares to have the capacity to enter into the present contract, meaning they have reached the legal age of majority and are not under guardianship or curatorship. 

The customer can only place orders with LE PETIT VAPOTEUR through their customer account on the website (under the conditions specified in the GTU), which can only be accessed after identification by entering their strictly personal access codes. To place an order, the customer must:

  • Select the products they wish to purchase and add them to their cart.
  • Once on the cart page, a summary of the chosen products is displayed, and they can click on "validate my order."
  • Log into their customer account or create an account if not already logged in.
  • Choose a delivery address and click on "save."
  • Select the delivery method and any associated options (Colissimo or Chronopost. If Chronopost: without signature, with signature, on appointment).
  • Choose the payment method,

By credit card:

  • Enter the requested information and tick the boxes: 
  • "I have read the general terms and conditions of sale and I fully agree with them (with a link to the GTC)." 
  • "I confirm that I am of legal age and that I am authorised by the legislation of my country to purchase vaping equipment and products containing nicotine."

By their PayPal account

By bank transfer: 

  • LE PETIT VAPOTEUR's bank details are made available to them. 
  • The customer has up to 30 days to make the payment. 
  • Once the payment is made, the order is definitively validated. 

and click on "Place my order" or "Validate my order for (destination city of the purchased products)."

After which, they will be redirected to the secure website of the bank associated with their payment method to finalise the payment if they have chosen to pay by credit card. 

An order confirmation will then be sent to the customer by email.

As this is a distance selling contract, it is concluded, and the final order is made, from the moment the customer confirms the order by pressing the "Place my order" button after choosing their delivery and payment method.

However, the Client can cancel his order if it has not yet been prepared.

In this case, a red “cancel my order” button will appear in the “my orders” section of the Customer account. If the order has already been prepared or dispatched and the possibility of cancellation is no longer available, the “cancel my order” button will be greyed out or not be available.

In case of a confirmed cancellation, the Customer will receive a credit note for the total amount of the products (including discounts), to be used on a one-off basis and valid for one month.

Once the order is validated, the customer can print a summary of their order, which will be sent to them by email, along with the form for exercising their right of withdrawal if necessary. This document should be kept as it serves as proof of the customer's order and the contract between the parties.

 In any case, LE PETIT VAPOTEUR reserves the right not to fulfil any request from the customer that is excessive or deviates from common law and its general conditions, or when the customer is not up to date with their obligations towards LE PETIT VAPOTEUR.

3.2 Order Cancellation

It is reminded that purchases made on the website are reserved for non-professional individual customers for their personal use (or for gift purposes within the family circle). That is why LE PETIT VAPOTEUR only sells its products in quantities corresponding to the average household's usual needs. In accordance with Article L.121-11 of the Consumer Code, LE PETIT VAPOTEUR reserves the right to refuse or cancel, for legitimate reasons, any order whose number of products or amount to be paid (for a single order or multiple combined orders) would not correspond to the average household's usual consumption, any order that would imply an economic activity carried out by the customer in connection with the ordered products, or, more generally, any abnormal order according to applicable case law.

Finally, LE PETIT VAPOTEUR reserves the right to suspend or cancel the execution of any order and/or delivery, regardless of its nature and level of execution, in case of non-payment or partial payment of any amount due by the customer, in case of payment incident, or in case of fraud or attempted fraud related to the use of the website, including on previous orders.

An order placed on the website is automatically cancelled if payment is not received within a period of fifteen (15) calendar days.

Article 4: PRICE and PAYMENT

4.1 Price

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.

In case of an order to a country other than metropolitan France, the customer is the importer of the concerned product(s). For all products shipped outside the European Union and overseas territories, the price will be automatically calculated excluding taxes on the invoice. Customs duties or other local taxes, import duties, or state taxes may be applicable. These duties and amounts are not within the jurisdiction of LE PETIT VAPOTEUR. They will be the responsibility of the customer and fall under their full responsibility, both in terms of declarations and payments to the competent authorities and organisations of their country. It is the customer's responsibility to inquire about these aspects with their local authorities before placing any order.

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. 

4.2 Modes of payment

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 transfer

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

As part of the fight against online fraud, the information regarding the customer's order may be transmitted to any third party authorised by law or designated by LE PETIT VAPOTEUR solely for the purpose of verifying the customer's identity, the validity of the order, the payment method used, and the intended delivery, within the limits of the customer's rights regarding the processing of their personal data as provided in the "Privacy Policy" section.

For orders which have a minimum total amount of 80 euros 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/en/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 email 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 entitled 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, materialised 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 depend 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 affected 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 into 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 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 their 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 on 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.

- Any goods repaired under the legal warranty of conformity benefit from a six-month extension of this warranty.

- 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.

The provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 of the Consumer Code (former) and Articles L. 217-4, L. 217-5, L. 217-7, L. 217-8, L. 217-9, L. 217-11, L. 217-12, and L. 217-13 of the Consumer Code (new), as well as Articles 1641, 1644, and the first paragraph of Article 1648 of the Civil Code, are reproduced in Article 16 of these general conditions.

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 commercialised 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 commercialised products by LE PETIT VAPOTEUR is inferior to a delay of 24 months corresponding to the duration of the legal guarantee of conformity.

- Refills (e-liquids, concentrated flavors, bases, boosters) that have a Best Before Date indicated on the product.

  • Coils and cartridges with built-in coils: their usage duration should not exceed three weeks under normal use and following the instructions.
  • Batteries (cells) and integrated batteries in electronic cigarettes: their autonomy will be affected after 300 full charge cycles under normal use and following the instructions.
  • Disposable electronic cigarettes (puffs): their duration of use is indicated in the product description on the website as well as on the packaging, and it is counted in the number of puffs (usually between 300 and 600 depending on the purchased product).

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.

6.3 Special Return Conditions Based on Manufacturers:

  • Products from the brands Wheels & Time, Pipeline, Dotmod, Titanide, Cigabois, Animodz, and Lostvape are handled directly by the manufacturer.

  • Defective products from the brands Surric, Yihi, Chalet-MFG, and 3D Make Art may be sent by LE PETIT VAPOTEUR for repair with the manufacturer (the duration of support may vary from 2 to 6 weeks).

6.4 Warranty Exclusions: 

Modified, repaired, integrated, or added products by the Customer are excluded from the warranty. 

The warranty does not apply to visible defects. The warranty does not cover products damaged during transportation or due to improper use. As such, defects and damages to the products caused by non-compliance with the safety instructions regarding storage precautions specified on the packaging are excluded from the warranty. 

Defects and damages caused by incorrect usage, non-compliant maintenance, abnormal use, lack of supervision, inadequate electrical protection of the devices, or any such circumstances detrimental to the proper functioning of the devices, or by a product modification not foreseen or specified by LE PETIT VAPOTEUR, are excluded from the warranty. 

The warranty immediately and completely ceases if the product is used under abnormal conditions. 

In case of lack of maintenance, the warranty will be totally or partially void.

Article 7: RETURNS and RESPONSIBILITIES

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 expressly 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.

7.2 Commercial Guarantee

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 commercialised 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 defective products in the 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.

LE PETIT VAPOTEUR DISCLAIMS ANY LIABILITY FOR INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, ARISING FROM THE USE OF THE WEBSITE. IN ANY EVENT AND TO THE EXTENT PERMITTED BY LAW, IN THE EVENT THAT LE PETIT VAPOTEUR'S LIABILITY IS ESTABLISHED, THE TOTAL AMOUNT OF COMPENSATION THAT LE PETIT VAPOTEUR COULD BE REQUIRED TO PAY TO THE CUSTOMER SHALL NOT EXCEED THE SALE PRICE OF THE RELEVANT PRODUCTS INVOICED TO THE CUSTOMER, REGARDLESS OF THE LEGAL BASIS OF THE CLAIM AND THE PROCEDURE USED TO ASSERT IT. 

Any compensation will only be provided by LE PETIT VAPOTEUR upon presentation of the corresponding invoice for the products by the Customer. 

In the case of purchases made for professional purposes, LE PETIT VAPOTEUR shall not be liable for any indirect damages resulting from these terms, loss of business, loss of profit, loss of opportunity, damages, or expenses that may arise from the purchase of the Products.

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 criterias 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 subcontractors.

The obligations of the Parties shall be suspended for the entire duration of the force majeure. The defaulting Party shall make every effort to limit the duration and effects of the force majeure event.

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 the 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 PETIT 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 of 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

For contracts concluded before 01st January 2022

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.

  • Legal guarantee of conformity

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 immobilisation 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.

  •  Warranty against hidden defects

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."

For contracts concluded before 01st January 2022

  •  Legal guarantee of conformity

The French Consumer Code provides the following provisions regarding the legal guarantee of conformity:

Article L.217-4 of the Consumer Code 

The product is considered to be in conformity with the contract if it meets, in particular, the following criteria:

  1. It corresponds to the description, type, quantity, and quality, particularly regarding its functionality, compatibility, interoperability, or any other characteristics specified in the contract;
  2. It is fit for any specific purpose sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract, and accepted by the seller;
  3. It is delivered with all accessories and installation instructions that should be provided in accordance with the contract;
  4. It is updated in accordance with the contract.

Article L.217-5 of the Consumer Code

I. In addition to the criteria for conformity to the contract, the product is considered to be in conformity if it meets the following criteria:

  1. It is suitable for the ordinary expected use of a product of the same type, taking into account, where applicable, any provisions of European Union law and national law, as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the relevant sector;
  2. Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;
  3. Where applicable, the digital elements it contains are provided in the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
  4. Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can reasonably expect;
  5. Where applicable, it is provided with updates that the consumer can reasonably expect, in accordance with the provisions of Article L. 217-19;
  6. It corresponds to the quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, that the consumer can reasonably expect for products of the same type, considering the nature of the product, as well as public statements made by the seller, any person in the upstream supply chain, or a person acting on their behalf, including in advertising or labelling.

II. However, the seller is not bound by any public statements mentioned in the preceding paragraph if they can demonstrate:

  1. That they were unaware of those statements and could not reasonably have known about them;
  2. That, at the time of the conclusion of the contract, the public statements had been corrected in a manner comparable to the initial statements; or
  3. That the public statements could not have had any influence on the consumer's purchasing decision.

III. The consumer cannot contest the conformity by invoking a defect concerning one or more specific characteristics of the product, for which they were specifically informed that they deviated from the conformity criteria stated in this article, and to which they expressly and separately consented at the time of the conclusion of the contract.

Article L.217-7 of the Consumer Code 

Defects of conformity that appear within a period of twenty-four months from the delivery of the goods, including goods containing digital elements, are presumed to have existed at the time of delivery, unless proven otherwise, unless this presumption is incompatible with the nature of the goods or the alleged defect. 

For used goods, this period is set at twelve months. 

When the sales contract for goods containing digital elements provides for the continuous supply of digital content or a digital service, defects of conformity that appear are presumed to have existed at the time of delivery of the goods:

  1. During a period of two years from the delivery of the goods, when the contract provides for this supply for a duration of less than or equal to two years or when the contract does not specify the duration of supply;

  2. During the period in which the digital content or digital service is supplied under the contract, when the contract provides for this supply for a duration exceeding two years." 

Article L.217-8 of the Consumer Code 

In the event of a lack of conformity, the consumer is entitled to have the goods brought into conformity through repair or replacement, or, failing that, to a price reduction or contract termination, under the conditions set out in this subsection.

The consumer also has the right to suspend payment of all or part of the price or the granting of the benefit provided for in the contract until the seller has fulfilled their obligations under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code. The provisions of this chapter are without prejudice to the awarding of damages and interest.

Article L.217-9 of the Consumer Code

"The consumer has the right to demand that the good be brought into conformity with the criteria set out in subsection 1 of this section.

The consumer requests from the seller the conformity of the good, choosing between repair and replacement. To this end, the consumer makes the good available to the seller."

Article L.217-10 of the Consumer Code

"The conformity of the good shall be ensured within a reasonable period of time, which may not exceed thirty days from the consumer's request, and without significant inconvenience to the consumer, taking into account the nature of the good and the intended use by the consumer.

The repair or replacement of the non-compliant goods shall include, where applicable, the removal and return of the goods and the installation of the repaired or replacement goods by the seller. A decree specifies the arrangements for ensuring the conformity of the good."

Article L.217-12 of the Consumer Code

"The seller may not proceed according to the choice made by the consumer if the requested conformity is impossible or would involve disproportionate costs, in particular in relation to:

  1. The value that the good would have if there were no lack of conformity;

  2. The significance of the lack of conformity; and

  3. The possibility of opting for the other choice without significant inconvenience to the consumer. The seller may refuse to ensure the conformity of the goods if it is impossible or would involve disproportionate costs, particularly in relation to points 1 and 2.

When these conditions are not met, after formal notice has been given, the consumer may enforce the initially requested solution, in accordance with Articles 1221 and following the Civil Code.

Any refusal by the seller to proceed according to the consumer's choice or to ensure the conformity of the good shall be substantiated in writing or on a durable medium.

Article L.217-13 of the Consumer Code:

"Any goods repaired under the legal guarantee of conformity benefits from an extension of this guarantee for a period of six months. If the consumer chooses repair but it is not carried out by the seller, the replacement of the good to ensure conformity shall trigger a new period of legal guarantee of conformity for the replaced good, to the benefit of the consumer. This provision applies from the day the replacement goods are delivered to the consumer."

  • Legal guarantee for hidden defects

Article 1641 of the Civil Code:

"The seller is bound by a warranty on account of hidden defects in the item sold that render it unfit for the intended use or that so impair its use that the buyer would not have acquired it, or would have given a lesser price for it, had the defects been known."

Article 1644 of the Civil Code:

"In the cases of Articles 1641 and 1643, the buyer has the option of returning the item and being reimbursed the price, or keeping the item and being refunded a portion of the price."

Article 1648, paragraph 1 of the Civil Code:

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

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:

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