Terms of Use
Definitions
The following terms shall have the meaning ascribed to them:
"Site" or "Service": the website https://vapemondial.com/index.php and all of its pages.
"Publisher": VAPE MONDIAL, a legal or natural person responsible for the publication and content of the Site.
"User": the internet user visiting and using the Services of the Site.
These General Terms and Conditions of Use (hereinafter referred to as the "Terms") are offered by the Publisher of the Site.
The User of the Site is invited to carefully read these Terms, print them and/or save them on a durable medium.
The User acknowledges having read the Terms and fully and unreservedly accepts them.
Article 1 - Application of the Terms
These Terms govern the conditions of access to the Site by Users.
The Publisher reserves the right to modify these Terms at any time by publishing a new version on the Site.
The Terms applicable to the User are those in effect on the day of acceptance.
The Site is freely and freely accessible to any User. The acquisition of a product or service, or the creation of a member account, or more generally, browsing the Site implies the User's acceptance of these Terms in their entirety, which the User acknowledges having fully read.
This acceptance may consist, for example, of the User checking the box corresponding to the acceptance statement of these Terms, for example, stating "I acknowledge that I have read and accepted all the general conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature by the User.
The User acknowledges the evidentiary value of the automatic recording systems of the Publisher of this Site and, unless he/she provides evidence to the contrary, waives the right to contest them in the event of a dispute.
The acceptance of these Terms implies that Users have the necessary legal capacity to do so.
If the User is a minor or does not have this legal capacity, he/she declares that he/she has the authorization of a guardian, curator or legal representative.
The Publisher makes available to the Client, on its Site, a privacy policy specifying all the information relating to the use of the Client's personal data collected by the Publisher and the rights that the Client has in relation to this personal data.
The data privacy policy is part of the Terms. Therefore, the acceptance of these Terms implies the acceptance of the data privacy policy.
Article 2 - Legal Notice, Personal Data, and Site Objective
This Site is published by VAPE MONDIAL micro-enterprise.
The legal information concerning the hosting provider and the Publisher of the Site, including contact information and any capital and registration information, is provided in the legal notice of this Site.
Information regarding the collection and processing of personal data (policy and declaration) is provided in the Site's personal data charter.
The objective of this Site is defined as a "specialized online sales site."
Article 3 - Member Space
The User registered on the Site (member) has the ability to access it by logging in with their credentials (email address defined during registration and password) or optionally using systems such as third-party social media login buttons.
The User is fully responsible for protecting the password he/she has chosen.
It is encouraged to use complex passwords.
In case of forgetting the password, the User has the option to generate a new one.
This password ensures the confidentiality of the information contained in the "my account" section, and the User is therefore prohibited from transmitting or communicating it to a third party. Failing to do so, the Publisher of the Site cannot be held responsible for unauthorized access to a User's account.
The creation of a personal space is a prerequisite for any order or contribution by the User on the present Site.
To this end, the User will be asked to provide certain personal information.
The User undertakes to provide accurate information.
The purpose of data collection is the creation of a "member account."
If the data contained in the member account section were to disappear due to a technical failure or a case of force majeure, the responsibility of the Site and its Publisher could not be engaged, as this information has no probative value but is purely informative.
The pages related to member accounts can be freely printed by the account holder in question but do not constitute proof; they have only an informative character intended to ensure efficient management of the service or contributions by the User.
Each User is free to close their account and delete their data on the Site.
To do so, they must send an email to VAPE MONDIAL indicating their desire to delete their account.
No recovery of their data will be possible.
The Publisher reserves the exclusive right to delete the account of any User who has violated these Terms and Conditions (including, but not limited to, when the User has knowingly provided incorrect information during registration and the creation of their personal space) or any account that has been inactive for at least one year.
The said deletion shall not constitute any damage to the excluded User, who cannot claim any compensation for this. This exclusion is not exclusive of the possibility for the Publisher to undertake legal proceedings against the User when justified by the facts.
Article 4 - Access and Availability of the Site
The Publisher makes its best efforts to ensure the Site is accessible at all times, subject to maintenance operations on the Site or the servers on which it is hosted.
In the event of the Site being inaccessible due to technical problems or any other reasons, the User cannot claim damages or any compensation.
The Publisher of the Site is only bound by an obligation of means; their responsibility cannot be engaged for any damage resulting from the use of the Internet, such as data loss, intrusion, viruses, service interruption, or others.
The User expressly acknowledges that they use the Site at their own risk and under their sole responsibility.
The Site provides information to the User for reference purposes, which may contain imperfections, errors, omissions, inaccuracies, and other ambiguities that may exist.
In any case, VAPE MONDIAL cannot be held responsible for:
Any direct or indirect damage, including loss of profits, loss of revenue, loss of customers, or data resulting from the use of the Site or the inability to use it.
Malfunction, unavailability of access, misuse, improper configuration of the User's computer, or the use of an uncommon browser by the User.
Article 5 - Hyperlinks
The Site may include hyperlinks to other websites.
Therefore, the User acknowledges that the Publisher cannot be held responsible for any proven or alleged damage or loss resulting from or related to the use or reliance on the content, advertisements, products, or services available on these external sites or sources.
Similarly, the responsibility of the Publisher of this Site cannot be engaged if the visit to one of these sites by the User causes harm.
If, despite the efforts of the Publisher, one of the hyperlinks on the Site points to a site or internet source whose content is or appears to be non-compliant with French law to a User, the User undertakes to immediately contact the Site's publisher, whose contact information is provided in the legal notice of the Site, in order to communicate the address of the pages of the third-party site in question.
Article 6 - Cookies
A "Cookie" can allow the identification of the User of the Site, personalize their browsing experience, and accelerate the display of the Site by storing a data file on their computer.
The Site may use "Cookies" primarily for 1) obtaining browsing statistics to improve the User experience, and 2) allowing access to a member account and content that is not accessible without login.
The User acknowledges being informed of this practice and authorizes the Publisher of the Site to use it.
The Publisher undertakes never to disclose the content of these "Cookies" to third parties unless legally required.
The User can refuse the storage of "Cookies" or configure their browser to be notified before accepting them.
To do this, the User will configure their browser as follows:
For Internet Explorer: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies
For Safari: https://support.apple.com/en-us/HT1677
For Google Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en&safe=on
For Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
For Opera: http://help.opera.com/Windows/10.20/en/cookies.html
Article 7 - Intellectual Property Rights
All elements of this Site belong to the Publisher or a third-party agent, or are used by the Publisher on the Site with the permission of their owner.
Any representation, reproduction, or adaptation of logos, textual, pictorial, or video content, without limitation, is strictly prohibited and constitutes infringement.
Any User found guilty of infringement may have their access to the site terminated without notice or compensation, and this exclusion cannot be considered as a damage, without prejudice to any subsequent legal proceedings initiated by the Publisher of this Site or its agent.
The trademarks and logos contained on the Site may be registered by VAPE MONDIAL or possibly by one of its partners. Any person reproducing, imitating, disseminating, or redistributing them may incur the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code.
Article 8 - Liability
The Publisher is not responsible for the publications of Users, their content, or their accuracy. The Publisher cannot be held liable for any damage that may occur to the User's computer system and/or the loss of data resulting from the use of the Site by the User.
The Publisher undertakes to constantly update the content of the Site and provide Users with accurate, clear, precise, and up-to-date information.
The Site is generally accessible at all times, except during technical maintenance operations and content updates. The Publisher cannot be held responsible for any damages resulting from the unavailability of the Site or parts thereof.
The responsibility of the Publisher of the Site cannot be engaged due to technical unavailability of the connection, whether it is due to force majeure, maintenance, content updates, Site modifications, intervention by the host, internal or external strike, network failure, or power outage.
The Publisher cannot be held responsible for the non-functioning, inability to access, or malfunctions of the Site attributable to unsuitable equipment, improper configuration or use of the User's computer, malfunctions of the Users' internet service provider's services, or those of the internet network.
Article 9 - Geographical Limitation of Use
The use of the Site's Services is limited to metropolitan France + overseas territories.
Article 10 - Notifications and Complaints
Any notification or notice regarding these Terms and Conditions, legal notices, or the personal data charter must be made in writing and sent by registered or certified mail, or by email to the address indicated in the legal notices of the Site, specifying the contact information, name, and surname of the notifier, as well as the subject of the notice.
Any complaint related to the use of the Site, Services, pages of the Site on any potential social media platforms, or regarding the Terms and Conditions, legal notices, or personal data charter must be filed within 365 days following the original date of the problem giving rise to the complaint, regardless of any contrary law or rule.
If such a complaint is not filed within the 365-day period, it will be forever unenforceable in court.
It is possible that there may be inaccuracies, errors, or information that is inconsistent with the Terms and Conditions, legal notices, or personal data charter throughout the entire website and the Services offered, to a limited extent. Furthermore, unauthorized modifications may be made by third parties to the Site or related Services (social media platforms, etc.).
In such a situation, the User has the option to contact the Publisher of the Site by postal mail or email at the addresses indicated in the legal notices of the Site, preferably with a description of the error and the location (URL), as well as sufficient information to allow contact.
Article 11 - Independence of clauses
If any provision of the Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.
The Terms and Conditions supersede all prior or contemporaneous written or oral agreements.
They are not assignable, transferable, or sublicensable by the User.
A printed version of the Terms and Conditions and of any notice given in electronic form may be requested in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these Terms and Conditions must be written in the French language.
Article 12 - Applicable law
These Terms and Conditions are governed by and subject to French law.
Except for matters of public policy, any disputes that may arise in the execution of these Terms and Conditions may, before any legal action, be submitted to the discretion of the Site Publisher for amicable settlement.
It is expressly stated that requests for amicable settlement do not suspend the time limits for bringing legal actions.
Unless otherwise provided by public policy, any legal action relating to the execution of these Terms and Conditions shall be subject to the jurisdiction of the courts in the district of the defendant's domicile.
All rights reserved - July 29, 2023