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General Terms and Conditions of Sale

Definitions

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are provided by VapeEvolutionl,

located at 10 rue de Penthièvre, 75008 Paris.

R.C.S PARIS 982998445

The following terms shall have the following meanings:

"Site": the website https://vapemondial.com/index.php and all its pages.

"Products" or "Services": all products (hardware) and services (offerings) that can be purchased or subscribed to on the Site.

"Seller": Vape Mondial, whether a legal or natural person, offering its Products or Services on the Site.

"Customer": the internet user, whether an individual or professional, making a purchase of Product(s) or Service(s) on the Site.

"Consumer", in accordance with the definition of Article preliminary of the Consumer Code: "any natural person who acts for purposes that do not fall within the scope of his/her commercial, industrial, craft or liberal activity."

The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to carefully read these GTC, print them and/or save them on a durable medium before placing an order on the Site.

The Customer acknowledges having read and fully accepts these GTC without reservation.

Article 1 - Application of the GTC and purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version on the Site. The GTC applicable to the Customer are those in effect on the day of the Customer's order on the Site.

The legal information concerning the host and publisher of the Site, the collection and processing of personal data, and the terms of use of the Site are provided in the general terms of use, the legal notices, and the data charter of this Site.

The present Site offers online sale of specialized vaping equipment.

The Site is freely accessible to all Customers. The acquisition of a Product or Service implies the acceptance, by the Customer, of the entirety of these GTC, who thereby acknowledges having fully read and understood them. This acceptance may consist, for example, of checking the box corresponding to the acceptance phrase of these GTC, such as "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 Customer.

The acceptance of these GTC implies that Customers have the necessary legal capacity to do so. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or legal representative.

The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless the Customer provides evidence to the contrary, waives any contestation of them in the event of a dispute.

The Publisher makes available to the Customer, on its Site, a privacy policy specifying all the information relating to the use of the Customer's personal data collected by the Publisher and the rights that the Customer has with regard to this personal data. The data privacy policy is part of the GTC. Acceptance of these GTC therefore implies acceptance of the data privacy policy.

Article 2 - Creation of a customer account

The creation of a "customer account" is a prerequisite for any order by the Customer on this Site. To this end, the Customer will be asked to provide certain personal information such as their name, email address, postal address, and telephone number, this list not being exhaustive.

In this regard, the Customer undertakes to provide accurate information.

The Customer is responsible for keeping their data up to date.

Therefore, they must promptly notify the Seller in case of any changes.

The Customer is solely responsible for the truthfulness, accuracy, and relevance of the information provided.

The Customer registered on the Site has the option to access it by logging in using their credentials (email address defined during registration and password), or possibly by using systems such as third-party social media login buttons.

The Customer is fully responsible for protecting the password they have chosen.

They are encouraged to use complex passwords. In case of forgetting the password, the Customer has the option to generate a new one.

This password guarantees the confidentiality of the information contained in their "my account" section, and the Customer therefore undertakes not to transmit or communicate it to a third party.

Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account.

The customer account allows the Customer to view all their orders placed on the Site.

If the data in the customer account section were to disappear due to a technical failure or force majeure, the Seller's liability could not be engaged, as this information has no evidentiary value but only an informative character.

The pages related to the customer account can be freely printed by the Customer who owns the respective account, but they do not constitute proof and are only for informational purposes to ensure efficient management of their orders or contributions by the Customer.

Each Customer is free to close their account on the Site. To do so, they must send an email to the Seller indicating their desire to delete their account. No recovery of their data will be possible in that case.

The Seller reserves the exclusive right to delete the account of any Customer who has violated these GTC (including, but not limited to, knowingly providing incorrect information during registration and the creation of their personal space) or any inactive account for at least one year.

Such deletion shall not constitute a loss for the Customer, who shall not be entitled to any compensation as a result.

This exclusion does not preclude the possibility for the Seller to initiate legal proceedings against the Customer, if justified by the facts.

Article 3 - Ordering process and description of the purchase process

The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are offered subject to availability. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.

The photographs of the Products in the catalog reflect a true representation of the offered Products and Services, but they do not constitute a contractual commitment as they may not perfectly resemble the physical Products.

The term "Cart" refers to the intangible object that includes all the Products or Services selected by the Client on the Site for purchase by clicking on these items. To place an order, the Client selects the Product(s) they wish to order by adding them to their "Cart," the contents of which can be modified at any time.

Once the Client believes they have selected and added to their cart all the Products they wish to purchase, they will have the option to validate their order by accessing their cart and clicking on the appropriate button. They will then be redirected to a summary page where they will be provided with the quantity and characteristics of the ordered Products, as well as their unit price.

If the Client wishes to validate their order, they must check the box confirming their acceptance of these GTC and click on the validation button. The Client will then be redirected to a page where they must fill out the order form fields. In this case, they must provide a certain amount of personal information necessary for the proper processing of the order.

All orders placed on the Site must be duly completed and must specify the necessary information. The Client may make changes, corrections, additions, or cancel the order until it is validated.

Once the Client has filled out the form, they will be prompted to make payment using the payment methods listed in the payment section of these GTC. After a few moments, the Client will receive a confirmation email reminding them of the contents and price of the order.

The Products sold remain the property of the Seller until full payment of their price, in accordance with the present retention of title clause.

Article 4 - Prices and Payment Terms

Unless otherwise stated, the prices listed in the catalog are prices in Euros, inclusive of all taxes (VAT), taking into account the applicable VAT rate on the day of the order, and excluding any participation in processing and shipping fees.

Vape Mondial reserves the right to modify its prices at any time and to pass on, if applicable, any changes in the current VAT rate to the prices of the Products or Services offered on the Site. However, the price listed in the catalog on the day of the order will be the only price applicable to the Client.

The Client can place an order on this Site and make payment by credit card, PayPal. Credit card payments are made through secure transactions provided by an online payment platform service provider.

This Site does not have access to any data related to the Client's payment methods. The payment is made directly between the Client's bank or payment service provider. In the case of payment by check or bank transfer, the delivery times defined in the "Deliveries" article of these General Terms and Conditions will only start running from the actual receipt date of the payment by the Seller, who may provide proof by any means. The availability of the Products is indicated on the Site, in the product description for each Product.

Vape Mondial will archive the purchase orders and invoices on a reliable and durable medium, constituting a faithful copy. The computerized records will be considered by the parties as evidence of communications, orders, payments, and transactions between the parties.

Article 5 - Deliveries

The delivery fees will be indicated to the Client before any payment and apply only to deliveries made within mainland France and overseas territories.

For any other place of delivery, it is the responsibility of the Client to contact customer service.

In the event of delivery of a Product outside the territory of the European Union and in overseas departments and territories, the Client declares themselves as the importer of the Product and accepts that in such cases the Seller may be unable to provide them with accurate information regarding the total amount of fees related to customs duties and formalities or import taxes applicable in the country where the Product is to be delivered.

Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.

The Client has the right to refuse a package at the time of delivery if they notice any anomaly regarding the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.). Any anomaly must be indicated by the Client on the delivery note, in the form of handwritten reservations accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods returned. Failure to comply with these instructions will result in the Client being unable to exercise their right of refusal, and the Seller will not be obliged to comply with the Client's request to exercise their right of refusal.

If the Client's package is returned to the Seller by the postal service or other postal service providers, the Seller will contact the Client upon receipt of the returned package to inquire about the next steps for their order. If the Client has mistakenly refused the package, they may request its reshipment by first paying the postage fees for the new shipment. Postal fees must be paid even for orders that had free shipping at the time of the initial order.

In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Client is a Consumer and the contract for the purchase of the Product or Service allows for withdrawal, according to Article L.221-18 and following of the French Consumer Code), any Product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from the Client's mishandling or mishap cannot be attributed to the Seller.

Any delay in delivery compared to the date or deadline indicated to the Consumer Client at the time of their order, or in the absence of a specified date or deadline at the time of the order, exceeding thirty (30) days from the conclusion of the contract may lead to the resolution of the sale at the initiative of the Consumer Client, upon their written request by registered letter with acknowledgment of receipt, if, after having urged the Seller to perform the delivery, they fail to do so. The Consumer Client will then be reimbursed, no later than fourteen (14) days following the date on which the contract was terminated, for the total amount paid. This provision does not apply if the delivery delay is due to a force majeure event.

Article 6 - Right of Withdrawal and Withdrawal Form

In accordance with Article L.221-18 of the French Consumer Code, and if the right of withdrawal is applicable, the Consumer Client has a period of fourteen (14) working days from the date of receipt of the Product or the conclusion of the contract for services, to exercise their right of withdrawal. They must return any Product that does not meet their expectations and request an exchange or refund without penalty, except for return costs, within fourteen days from the date of the refund request received by Vape Mondial.

The Product must be returned in perfect condition and, if applicable, accompanied by all its accessories.

Below, the Consumer Client will find a standard withdrawal form for an order placed on the Site, to be sent to Vape Mondial. It should be noted that if, due to the nature of the Product, it cannot be returned by regular mail, the Consumer Client will bear the return shipping costs.

If the above obligations are not fulfilled, the Client will lose their right of withdrawal, and the Product will be returned to them at their own expense.

It is recommended that the Client returns the Product using a shipping method that allows for tracking of the package.

Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with the postal services to locate it.

The refund will be made using the same payment method chosen by the Client for the initial transaction, unless the Client expressly agrees that the Seller uses another payment method, and provided that the refund does not incur any fees for the Client.

The Seller also reserves the right to delay the refund until the Product is received or until the Client provides proof of shipment, if such proof has not been provided previously.

In the event of any depreciation of the Products resulting from handling other than what is necessary to establish their nature, characteristics, and proper functioning, the Client may be held liable.

In accordance with Article L221-5 of the French Consumer Code ("Hamon Law") of June 2014, the Consumer Client will find below a standard withdrawal form for an order placed on the site:

Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of Vape Mondial micro-entreprise, Vape Mondial 10 rue de Penthièvre, 75008 Paris

I/We () hereby notify you of my/our () withdrawal from the contract for the sale of the following good ()/for the provision of the following service ():

Ordered on ()/received on ():

Name(s) of the Client(s):

Address of the Client(s):

Signature of the Client(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

Article 7 - Exceptions to the Right of Withdrawal

The Site offers the sale of the following Products, for which the right of withdrawal of Consumer Clients cannot apply, in accordance with Article L.221-28 of the French Consumer Code: personalized goods, goods liable to deteriorate or expire, goods unsealed by the consumer (for health protection), goods mixed inseparably with other products after delivery.

The Client acknowledges having been informed of this list, notified prior to the sale in these Terms and Conditions.

Services that start immediately after purchase and are fully executed before the end of the withdrawal period do not allow the Client to exercise their right of withdrawal if they have expressly waived their right of withdrawal.

The right of withdrawal cannot be exercised in the context of the provision of digital content not supplied on a tangible medium if the execution has started before the end of the withdrawal period with the express waiver of the Client's right of withdrawal.

Article 8 - Product Warranty

Legal provisions to be reproduced

When acting as the legal warranty of conformity, the consumer has a period of two years from the delivery of the goods to take action; they can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code. Except for used goods, they are exempt from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods, which is extended to 24 months from March 18, 2016.

The legal warranty of conformity applies regardless of any commercial warranty that may have been granted.

The consumer may decide to implement the warranty against hidden defects in the sold item, as defined in Article 1641 of the French Civil Code, unless the seller has stipulated that they will not be bound by any warranty. In the event of the implementation of this warranty, the buyer has the choice between canceling the sale or reducing the selling price in accordance with Article 1644 of the French Civil Code. They have a period of two years from the discovery of the defect.

The deferral, suspension, or interruption of the limitation period cannot have the effect of extending the limitation period beyond twenty years from the day the right arose, in accordance with Article 2232 of the French Civil Code.

All items purchased on the present site benefit from the following legal warranties provided by the French Civil Code:

Legal Warranty of Conformity

According to Articles L.217-4 and following of the French Consumer Code, the Seller is obliged to deliver goods that are in conformity with the contract concluded with the Consumer Client and to remedy any lack of conformity that exists at the time of delivery of the Product. The warranty of conformity can be exercised if a defect should exist on the day of the possession of the Product. However, when the defect appears within 24 months following this date (or within 6 months if the order was placed before March 18, 2016, or if the Product is sold as second-hand), it is presumed to fulfill this condition. However, in accordance with Article L.217-7 of the French Consumer Code, "the Seller may rebut this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity."

On the other hand, after this period of 24 months (or 6 months if the order was placed before March 18, 2016, or if the product is sold as second-hand), it will be the responsibility of the Client to prove that the defect existed at the time of the possession of the Product.

In accordance with Article L.217-9 of the French Consumer Code: "In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. In such a case, the seller is required to proceed, unless impossible, according to the method not chosen by the buyer."

Legal Warranty against Hidden Defects

According to Articles 1641 to 1649 of the French Civil Code, the Client may request the exercise of the warranty for hidden defects if the defects presented did not appear at the time of purchase, predate the purchase (and therefore do not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either make the Product unfit for its intended use or diminish this use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price if they had known about the defect).

Claims, requests for exchange or refund for non-compliant Products must be made by postal mail or email to the addresses indicated in the legal notices of the website.

In the event of non-compliance of a delivered Product, it can be returned to the Seller who will proceed with the exchange. If the exchange of the Product is not possible (outdated Product, out of stock, etc.), the Client will be refunded the amount of their order by check or bank transfer. The costs of the exchange or refund process, including the return shipping fees of the Product, are borne by the Seller.

The Products provided by the Seller on this Website benefit from an additional commercial warranty, in addition to the applicable legal warranty if applicable, under the following conditions: all products sold on the website are guaranteed for 30 days.

Article 9 - Customer Service

The customer service of this Website can be reached via email at the following address: [email protected] or by postal mail at the address indicated in the legal notices.

Vape Mondial also provides its Clients with a hotline or telephone support to answer their questions. The telephone support can be contacted at 0623463051 (non-premium rate number).

Article 10 - Liability

The Seller, Vape Mondial, shall not be held liable for the non-performance of the concluded contract due to the occurrence of a force majeure event.

Regarding the purchased Products, the Seller shall not incur any liability for any indirect damages resulting from these terms and conditions, loss of business, loss of profit, damages, or expenses that may arise.

The choice and purchase of a Product or Service are solely the responsibility of the Client.

The total or partial inability to use the Products, particularly due to equipment incompatibility, shall not give rise to any compensation, refund, or liability on the part of the Seller, except in the case of proven hidden defects, non-compliance, defects, or exercise of the right of withdrawal if applicable, meaning if the Client is not a Consumer Client and if the contract entered into to acquire the Product or Service allows for withdrawal, in accordance with Article L 221-18 and following of the Consumer Code.

The Client expressly acknowledges that they use the Website at their own risk and under their sole responsibility.

The Website provides the Client with information for indicative purposes only, with imperfections, errors, omissions, inaccuracies, and other ambiguities that may exist.

In any case, Vape Mondial shall not be held liable for:

    Any direct or indirect damage, in particular regarding loss of profits, loss of earnings, loss of customers or data, which may result, among other things, from the use of the Website or, on the contrary, the impossibility of its use;

    Malfunction, unavailability of access, misuse, misconfiguration of the Client's computer, or the use of a browser that is uncommon for the Client;

    The content of advertisements and other links or external sources accessible to Clients from the Website.

The photographs and visuals of the Products presented on the Website have no contractual value. Therefore, the Seller shall not be held liable if the characteristics of the Products differ from the visuals on the Website or if the visuals are incorrect or incomplete.

Article 11 - Intellectual Property Rights

All elements of this Website belong to the Seller or a third-party representative, or are used by the Seller with the permission of their owners.

Any reproduction, representation, adaptation of logos, textual, pictorial, or video content, without limitation, is strictly prohibited and constitutes counterfeiting.

Any Client found guilty of counterfeiting may have their account deleted without notice or compensation, and such deletion shall not constitute a liability for damages. The Seller or its representative may initiate legal proceedings against the Client.

The trademarks and logos contained on the Website may be registered by Vape Mondial or its partners. Any person who reproduces, represents, imitates, disseminates, or rebroadcasts them may incur the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code.

Article 12 - Independence of Clauses

If any provision of the Terms and Conditions is deemed unlawful, void, or unenforceable for any reason, that provision shall be considered severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

These Terms and Conditions supersede all prior or contemporaneous written or oral agreements. The Terms and Conditions are not assignable, transferable, or sublicensable by the Client.

A printed version of the Terms and Conditions and any electronic notices 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 13 - Applicable Law and Mediation

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 Publisher of the Website for amicable resolution.

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 located at the defendant's domicile.

Consumer Mediation

In accordance with Article L.612-1 of the Consumer Code, it is reminded that "every consumer has the right to use free of charge a consumer mediator for the amicable resolution of a dispute between the consumer and a professional. To this end, the professional guarantees the consumer's effective access to a consumer mediation mechanism."

In this respect, Vape Mondial offers its Consumer Clients, in the event that a dispute has not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows: