GENERAL TERMS AND CONDITIONS OF ONLINE SALE OF THE FULL MOON SHOP WEBSITE

Article 1: GENERAL STIPULATIONS

The present general conditions of sale (hereafter "GCS") constitute a distance selling contract, defining the rights and obligations of the company AIR VAPE DISTRIBUTION whose head office is 24 Avenue Jules Cantini 13006 - Marseille (hereafter called "AIR VAPE DISTRIBUTION" or "AIR VAPE SHOP") - and of the customer within the framework of the sale of the products referenced on the Internet site www.fullmoon-shop.com

The GTC are concluded between AIR VAPE DISTRIBUTION and any person wishing to make a purchase, hereafter referred to as the "Customer", via the Internet site www.fullmoon-shop.com hereafter referred to as the "Site".

In accordance with the provisions of article L. 3513-5 of the Public Health Code, AIR VAPE DISTRIBUTION undertakes not to sell electronic vaping devices or the refill bottles associated with them to minors under the age of eighteen.

The fact that one of the parties does not take advantage of one of the GTC at a given moment cannot be interpreted as a renunciation to take advantage of any of the said conditions at a later date. The cancellation of a clause of the GTC shall not affect the validity of the GTC as a whole.

The sales and orders of products placed by the Customers on the Site are governed by the present GTC, to the exclusion of all other documents, catalogues, documentation emanating from AIR VAPE DISTRIBUTION (with the exception of the general conditions of use (hereafter "GTC") and the legal notices of the Site), which are communicated only for information purposes and have only an indicative value.

Consequently, placing an order on the Site implies acceptance by the Customer of the GTC. Likewise, the Customer undertakes to comply with the GTC on each visit to the Site.

The GTC can be modified at any time and without notice by AIR VAPE DISTRIBUTION, the modifications being applicable to all orders subsequent to this modification. AIR VAPE DISTRIBUTION may have to modify certain provisions of the GTC from time to time, so the Customer is advised to reread them before each order validation and to stop using the website in case of disagreement with the GTC in force.

For any question or complaint relating to the products, the order, the personal data, the right of retraction, the place of recovery of waste or the application of the guarantee of the products, the Customer can contact AIR VAPE DISTRIBUTION at the following address:

By mail: AIR VAPE DISTRIBUTION, 24 Avenue Jules Cantini, 13006 Marseille
By telephone: 04 91 03 14 22
By email: contact@fullmoon-shop.com

Article 2: THE PRODUCTS

2.1 Characteristic of the products

The entire content of the website (illustrations, texts, labels, brands, images, videos) is the property of AIR VAPE DISTRIBUTION. Any reproduction of all or part of this site is forbidden, unless AIR VAPE DISTRIBUTION gives its express and prior authorization. AIR VAPE DISTRIBUTION does not authorize the creation of hypertext links unless it has been expressly authorized in advance.

The products offered for sale by AIR VAPE DISTRIBUTION are presented and detailed in such a way that any Customer is able to know the essential characteristics of the products he wishes to purchase, notably by means of technical descriptions from its partners and suppliers and photographs illustrating the products. In this respect, the products are described and presented with the greatest possible accuracy. Differences between the products and their photographs on the Site may potentially exist (colours, shades, etc.) depending in particular on the resolution and colour definition of the Customer's screen. Consequently, the products are presented with the usual and customary tolerances in the matter.

In addition, AIR VAPE DISTRIBUTION makes every effort to ensure that the photographs, illustrations and texts appearing on the website are presented as accurately as possible and with the best possible information for the Customer.

Consequently, AIR VAPE DISTRIBUTION shall not be held responsible if any errors do not affect the essential characteristics of the product.

The Products are in conformity with French legislation and the European Community regulations in force. The responsibility of AIR VAPE DISTRIBUTION cannot be engaged in case of non-respect of the legislation of the country in which the product will be delivered (ex: in case of prohibition of a product...). It is up to the Customer to check with the local authorities of the country of delivery of the products the possibilities of importation or use of the products which it plans to order. AIR VAPE DISTRIBUTION cannot guarantee that the information on the packaging of the Products is translated into all the languages of the European Union.

AIR VAPE DISTRIBUTION may modify at any time the range of products offered for sale on its website, in particular according to the constraints linked to its suppliers, without prejudice to the orders placed by the Customer.

2.2 Precautions for use

It is recalled that the products sold on the Site are to be used with caution.

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

As far as e-liquids are concerned, all the safety sheets for these e-liquids are available to the Customer on request from AIR VAPE DISTRIBUTION at the contact details mentioned in article 1.

In the event that a safety data sheet is not available, the Customer may request one from AIR VAPE DISTRIBUTION.

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

As no official scientific study has been carried out on the side effects that may be linked to the absorption of this substance, the Customer acknowledges that he/she is fully responsible for the use of this product, and AIR VAPE DISTRIBUTION cannot be held responsible for any health problem or health problem of one of its Customers.

AIR VAPE DISTRIBUTION cannot be held responsible for damage of any kind, whether material or immaterial or physical, resulting from the use of products that do not comply with their instructions for use or their safety sheet.

2.3 Availability

The products are new products. They are offered for sale within the limits of available stocks and supply possibilities from AIR VAPE DISTRIBUTION suppliers.

The availability of the products will be definitively validated at the time of the confirmation of shipment of the order which will be sent to the Customer by email.

In the event that one of the products ordered is not available when the Customer's order is being prepared, AIR VAPE DISTRIBUTION undertakes to contact the Customer by email as soon as possible from the date of the order to inform him of the timeframe within which the product can be delivered, it being specified that the Customer has the right to cancel his order.

In the event that a product cannot be supplied, the Customer will be offered to exchange it with another product of equivalent quality, characteristics and price or, in certain cases, a credit note equal to the amount of the unavailable products ordered. Failing this, i.e. in the event of cancellation of the order for the product concerned by the Customer, the unavailable product will be reimbursed within fifteen (15) days of receipt of the sums paid by the Customer. The refund will be made by crediting the Customer's bank account or by bank transfer. The cancellation of the product order and its reimbursement shall not affect the rest of the order, which shall remain firm and definitive.

2.4 Spare parts

In application of article L. 111-4 of the Consumer Code, AIR VAPE DISTRIBUTION provides the Customer, on any suitable medium before the conclusion of the sale, with information concerning the period during which or the date until which the spare parts essential to the use of the product are available on the market, when this information has been effectively transmitted to him by the manufacturer or importer. This information, when provided by the manufacturer or importer, shall be confirmed in writing at the time of purchase of the product by the Customer.

2.5 Return of used products

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

Article 3: ORDERS

Any order implies acceptance of the GTC, GCU and legal notices of the Site.

3.1 Placing an order

Upon entering the Site, the Customer declares that he/she has the capacity to enter into this contract, i.e. that he/she is of legal age and not under guardianship or curatorship.

In order to place an order, the Customer must :

- Select the products he/she wishes to purchase, then add them to his/her basket,

- Once in their basket, a summary of the products chosen is displayed and they can click on "validate my order",

- Log in to their customer account or create an account if they are not already logged in,

- Choose a delivery address and click on "save",

- Choose the delivery method and the options attached to the chosen method

- Choose their payment method,

o By credit card:

enter the requested information and then tick the boxes:

o By credit card: enter the requested information and then tick the boxes: "I have read the general terms and conditions of sale and I accept them unconditionally (with a link to the GTC)", "I have read the general terms and conditions of sale and I accept them unconditionally (with a link to the GTC)". ,

"I acknowledge that I am of legal age and that I am authorised by the legislation of my country to purchase vape equipment and products containing nicotine.

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

As this is a distance selling contract, it is concluded, and the order is final, from the moment the Customer confirms his order by pressing the "I place an order" button after having chosen his delivery and payment method. Once the order has been validated, the Customer can print a summary of his/her order, which he/she will receive by e-mail, together with the form for the possible exercise of his/her right of withdrawal. This document must be preserved, it constitutes the proof of the order of the Customer and the contract binding the parts.

In any case, AIR VAPE DISTRIBUTION reserves the right not to satisfy any request from the Customer that would be exorbitant or derogatory to common law and to its general conditions or when the Customer is not up to date with its obligations towards AIR VAPE DISTRIBUTION.

3.2 Cancellation of the order

It is reminded that purchases made on the website are reserved for non-professional private customers for their own use (or for gifts within the family circle), this is why AIR VAPE DISTRIBUTION only sells its products in quantities corresponding to the usual average needs of a household. In accordance with article L.121-11 of the Consumer Code, AIR VAPE DISTRIBUTION reserves the right to refuse or cancel for a legitimate reason any order for which the number of products or the amount to be paid (for a single order or several orders accumulated) does not correspond to the usual average use of a household, any order which would suggest that an economic activity is carried out by the Customer in relation to the products ordered or more generally, any abnormal order in the sense of the jurisprudence applicable in this matter.

Finally, AIR VAPE DISTRIBUTION reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous orders.

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

Article 4: PRICE and PAYMENT

4.1 Prices

The sale prices of the products mentioned on the Site are indicated in euros, all taxes included, excluding transport costs.

Their amount is in any case indicated at the end of the online order, before its validation. The price invoiced to the Customer is the price specified on the order confirmation, which includes the price of the products, including all taxes, plus the possible price of transport.

The costs are determined according to the methods of transport, the amount of the order and the destination.

In case of an order to a country other than metropolitan France, the Customer is the importer of the products concerned. For all products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of AIR VAPE DISTRIBUTION. They will be charged to the Customer and are his entire responsibility, both in terms of declarations and payments to the authorities and competent bodies of your country. It is up to the Customer to inquire about these aspects with his local authorities before placing any order.

AIR VAPE DISTRIBUTION reserves the right to modify its sales prices at any time. Nevertheless, no modification after the order has been taken can be applied. The price applicable to the ordered products is the one appearing on the website on the day of the order.

Within the framework of its pricing policy, AIR VAPE DISTRIBUTION has set up a loyalty program granting price reductions according to the purchases made by the Customer. To be able to benefit from it, the Customer must respect the conditions of the loyalty program indicated on the following page: https://www.lepetitvapoteur.com/fr/content/51-programme-de-fidelite. For more information on this programme, the Customer is invited to consult this page.

4.2 Terms of payment

Orders are payable in euros. At no time can the sums paid be considered as deposits or advance payments.

The payment is made either by credit card on the site of the financial partner of AIR VAPE DISTRIBUTION.

For this method of payment, the amount of the order will be debited at the time of the order confirmation.

As part of the fight against Internet fraud, information relating to the Customer's order may be transmitted to any third party authorized by law or designated by AIR VAPE DISTRIBUTION for the sole purpose of verifying the identity of the Customer, the validity of the order, the method of payment used and the delivery envisaged, within the limit of the Customer's rights in terms of processing his personal data as provided for in the "Confidentiality Policy" section.

As soon as the payment is validated, the Customer receives the confirmation of his order by email, accompanied by the invoice.

AIR VAPE DISTRIBUTION retains full ownership of the products sold until full payment of all sums due in the context of the Customer's order.

Article 5: DELIVERY - RECEPTION - USE OF PRODUCTS

5.1 Terms of delivery

The deliveries take place in Metropolitan France, in the DROM COM and in the European countries.

For the delivery of his order, the Customer must choose a delivery method among those proposed by AIR VAPE DISTRIBUTION. In this respect, the delivery methods proposed are the following:

(i) Delivery to the delivery address given by the Customer when ordering on the Site;

(ii) Delivery to the relay point selected by the Customer when ordering on the Site from among those proposed;

For more information concerning the financial and practical terms of delivery and in particular those of our delivery partners (tracking of packages, etc.), the Customer is invited to consult the following page: https://fullmoon-shop.com/fr/content/7-full-moon-shop


(i) Delivery to the address provided by the Customer

If the Customer selects this method of delivery, the products will be delivered to the address that he will have specified on the Site when ordering.

AIR VAPE DISTRIBUTION shall in no case be held responsible in case of delay and/or non-delivery due to a false or erroneous address or to which the delivery would be impossible.

The delivery is deemed to be carried out by AIR VAPE DISTRIBUTION when the products ordered are handed over to the Customer by the carrier. Then, the risks of the products are immediately transferred to the Customer.

The transport will be carried out by an independent company. The Customer undertakes to sign the delivery note of the products. If the Customer is absent at the time of delivery, the Customer has a period of 15 working days to collect the parcel from the carrier or agent chosen by the Customer, starting from the date of the delivery notice. In any case, the Customer is informed as soon as possible of the availability of the products.

Any parcel returned to AIR VAPE DISTRIBUTION because of an erroneous or incomplete delivery address, or because the Customer has not collected it from the carrier or the depository within the time limit indicated in the previous paragraph, will be reshipped at the Customer's expense.

(ii) Delivery to a relay point

The products ordered by the Customer will be delivered to the relay point selected by the Customer, who is responsible for collecting the products.

In the context of this collection, the Customer must have an identity document.

As a result of the Customer collecting the order, materialised by the signing of the delivery note (or any other equivalent document), the risks of the products are immediately transferred to the Customer.

If the Customer does not withdraw the products made available to him at the relay point within the time indicated to him, and after unsuccessful reminders, the parcel will be sent back to AIR VAPE DISTRIBUTION or to the sending company. In this context, the Customer will be informed by any person and any means of the modalities, in particular financial, to obtain a new delivery. The costs resulting from the new delivery shall in any case be borne by the Customer.

5.2 Delivery times

Deliveries are made according to the deadlines listed on the Site depending on the delivery method chosen, as of the sending of the e-mail confirming the delivery of the said order. These delivery times are indicated as precisely as possible and depend in particular on the availability of the products ordered and the carrier. Delivery times are given in working days (excluding Saturdays, Sundays and public holidays).

In case of foreseeable delay in delivery, AIR VAPE DISTRIBUTION will inform the Customer as soon as possible by email and will provide an estimate of the additional delivery time.

In this respect, the Customer is informed of average delivery times at the following address: https://fullmoon-shop.com/fr/content/7-full-moon-shop

In any case, AIR VAPE DISTRIBUTION undertakes to deliver to the consumer Customer within a maximum period of 30 days from the conclusion of the contract.

If this deadline is exceeded and except in the case of force majeure, the Customer may cancel the contract, by registered letter with acknowledgement of receipt or by a written document on any other durable medium, if, after having enjoined AIR VAPE DISTRIBUTION to carry out the delivery, the latter has not done so within the deadline.

The contract shall be considered terminated upon receipt by AIR VAPE DISTRIBUTION of the letter or writing informing it of this termination, unless AIR VAPE DISTRIBUTION has performed in the meantime.

When the contract is terminated under the conditions listed above, AIR VAPE DISTRIBUTION is obliged to reimburse the Customer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.

5.3 Receipt

It is the Customer's responsibility to check the condition of the packaging and the products and the number of products on receipt or when they are collected from a relay point or shop, as the case may be. This verification is considered to have been carried out when the Customer, or a person authorised by him, has signed the delivery note or any other equivalent document or when the product is scanned in the case of collection from a shop.

It is the Customer's responsibility to make clear and precise reservations on the carrier's delivery note in the event of a dispute, damage to the product during transport, shortage or delay. The Customer must confirm these reservations to the carrier by registered letter with acknowledgement of receipt, stating the reasons, within three (3) days, not including public holidays, of receiving the products.

In accordance with Article L. 224-65 of the Consumer Code, when the Customer personally takes delivery of the transported products and when the carrier does not justify having given him the opportunity to effectively check their good condition, the above-mentioned period is extended to ten (10) days.

Without prejudice to the measures to be taken with regard to the carrier, the claims on the apparent defects or on the non-conformity of the delivered products must be formulated to AIR VAPE DISTRIBUTION in writing as soon as possible after the date of delivery or availability of the product. It is up to the Customer to provide any justification as to the reality of the defects or anomalies noted in particular by sending to AIR VAPE DISTRIBUTION :

a photocopy of the letter of reserve addressed to the carrier;

and a photocopy of the delivery note mentioning the reserves.

Any claim formulated late could potentially prevent this claim from being taken into account.

It is expressly agreed that mentions such as "subject to inspection upon unpacking" do not constitute a reservation within the meaning of this article.

In the event of delivery in a relay point, if the Customer notes at the time of the withdrawal of his order that the packing of the parcel is damaged (damaged, torn, already opened, etc.), he will have to indicate to the relay point that he refuses the parcel and the latter will then be returned to the sending company.

In any case, AIR VAPE DISTRIBUTION cannot be held responsible for any delay or failure to deliver due to a case of force majeure or to a fault of the Customer.

Article 6: LEGAL GUARANTEES

6.1 General stipulations

AIR VAPE DISTRIBUTION is liable for defects in the conformity of the goods to the order under the conditions of article L. 217-4 and following of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in articles 1641 and following of the Civil Code.

In this respect, the Customer can make a request under the legal guarantee of conformity or the guarantee of defects of the thing sold by sending his complaint to AIR VAPE DISTRIBUTION at the address mentioned in article 1 of the present document.

6.2 Additional details

Under the legal guarantee of conformity mentioned above, AIR VAPE DISTRIBUTION must deliver products in conformity with the contracts and responds to the defects of conformity existing at the time of their delivery.

In this respect, it is specified that the products marketed by AIR VAPE DISTRIBUTION, especially batteries, have a limited life span which depends essentially on the conditions of use of the products by the Customers (frequency of use, shocks, lack of maintenance, exposure to extreme temperatures, contact with water, etc.).

The lifespan of almost all of the products marketed by LE AIR VAPE DISTRIBUTION is less than the 24 month period corresponding to the duration of the legal guarantee of conformity, as is the case for :

- Refills (e-liquids, concentrated flavours, bases, boosters) which have a UBD (Use By Date) indicated on the product.

- Resistors and cartridges with integrated resistors: their period of use may not exceed three weeks under normal use and according to the precautions of use.

- The accumulators (accumulators) and batteries integrated into electronic cigarettes: their autonomy will be affected from 300 complete cycles of charge in normal use and according to the precautions of use.

- Disposable electronic cigarettes (puffs): their duration of use is indicated on the product description on the Site and on the packaging and is counted in number of puffs

Also, the presumption of the existence at the time of delivery of products, defects of conformity appearing in the 24 months following delivery, is almost never compatible with the specific nature of these products.

Consequently, in accordance with article L. 217-7 of the Consumer Code, LE AIR VAPE DISTRIBUTION can fight this presumption.

6.4 Exclusion of guarantee

Products modified, repaired, integrated or added by the Customer are excluded from the guarantee. The guarantee does not apply to visible defects.

The warranty does not cover products damaged during transport or due to misuse. In this respect, defects and deterioration of the products caused by failure to comply with the safety instructions relating to storage precautions, specified on the packaging, are excluded from the guarantee.

Defects and deterioration caused by incorrect use, non-conforming maintenance, abnormal use, lack of supervision, poor electrical protection of the appliances, or by such circumstances that are harmful to the correct operation of the appliances, or by a modification of the product that is not foreseen or specified by LE AIR VAPE DISTRIBUTION, are excluded from the guarantee.

The guarantee disappears immediately and completely if the product is used in abnormal conditions.

In case of lack of maintenance, the guarantee will be totally or partially lost.

Article 7: RETURNS AND LIABILITIES

7.1 Complaints / Liability

Except in the case referred to in article 6, it is up to the Customer to provide any justification as to the reality of the defects or anomalies observed. It must allow AIR VAPE DISTRIBUTION all facilities to proceed with the observation of these defects or anomalies.

Subject to the exercise of the possible right of withdrawal, any return of product must be subject to an express agreement of AIR VAPE DISTRIBUTION. The products must be returned in perfect condition and in their original packaging with all the possible accessories (including the notice).

The return will give rise, according to the case, to a replacement of the products or a refund of the Customer, after qualitative and quantitative checking of the returned products. The costs and risks of the shipment and return shall be borne by the Customer if the non-conformity is not proven.

7.2 Commercial guarantees

When the responsibility of AIR VAPE DISTRIBUTION is engaged following a fault on its part, the compensation only applies to direct, personal and certain damage that the Customer has suffered.

In any case, AIR VAPE DISTRIBUTION declines all responsibility, in particular with regard to the choice of products by the Customer or due to damage resulting from modifications that would have been made to the products or resulting from a failure to follow the recommendations for using the products.

AIR VAPE DISTRIBUTION shall not be held responsible for temporary or permanent damage to the Customer's computer system or for any loss or damage that may be suffered in particular following access to or navigation on the website. The transmission of data via the Internet can lead to the appearance of errors and/or the fact that the Site is not always available. Consequently,

AIR VAPE DISTRIBUTION cannot be held responsible for the availability and interruption of the online service.

AIR VAPE DISTRIBUTION DECLINES ALL RESPONSIBILITY FOR INDIRECT DAMAGE, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE SITE.

IN ANY EVENT AND WITHIN THE LIMITS AUTHORIZED BY LAW, IN THE EVENT THAT THE RESPONSIBILITY OF AIR VAPE DISTRIBUTION IS RETAINED, THE TOTAL AMOUNT OF COMPENSATION THAT AIR VAPE DISTRIBUTION MAY BE REQUIRED TO PAY TO THE CUSTOMER SHALL NOT EXCEED THE SELLING PRICE OF THE PRODUCTS CONCERNED INVOICED TO THE CUSTOMER, REGARDLESS OF THE LEGAL BASIS OF THE CLAIM AND THE PROCEDURE USED TO BRING IT TO A SUCCESSFUL CONCLUSION.

Any compensation will only be made by AIR VAPE DISTRIBUTION on presentation by the Customer of the corresponding product invoice.

In the case of professional purchases, AIR VAPE DISTRIBUTION shall not be held liable for any indirect damages due to the present, operating loss, loss of profit, loss of opportunity, damages or expenses, which may arise from the purchase of the Products.

Article 8: FORCE MAJEURE

In the event of the occurrence of a case of force majeure preventing the execution of its obligations by AIR VAPE DISTRIBUTION, the contract shall be immediately suspended, as of the notification of one of the parties given by any means. In the same way, the party concerned shall inform the other party of the cessation of this event and the execution of the contract shall then resume immediately on the date of this notification.

Force majeure is any event that makes it either impossible or obviously more difficult to perform an obligation due to the unforeseeable, irresistible and external nature of this event, these three criteria being alternative, such as epidemics, pandemics, wars, riots, fires, floods, total or partial strikes, paralysis of road or other transport routes, disruption of energy supplies (EDF, GDF, oil, etc. ), blockages of telecommunications and computer networks, changes in regulations, delays or failures in the intervention of external partners such as suppliers or subcontractors, closure of borders.

The obligations of the Parties shall be suspended for the duration of the force majeure. The defaulting Party shall use its best efforts to limit the duration and the effects of the cause of the force majeure.

If such an event were to be prolonged beyond fifteen (15) days after the date of notification, the contract will be regarded as terminated automatically. The sums received by LE AIR VAPE DISTRIBUTION before this date will then be reimbursed to the Customer.

Article 9: OBLIGATIONS OF THE CUSTOMER

The Customer undertakes to communicate to AIR VAPE DISTRIBUTION all the elements necessary for the proper execution of orders. In this respect, the Customer remains responsible for the content and accuracy of the information it sends to AIR VAPE DISTRIBUTION and in particular those relating to its majority and the legislation of its country of residence.

The use of the products will be carried out under the sole responsibility of the Customer. Under these conditions, the Customer is required to maintain the product in good condition, to use it in accordance with its destination, respecting in particular the prescriptions given by AIR VAPE DISTRIBUTION or the suppliers and the specific precautions for use.

Article 10: RIGHT OF WITHDRAWAL

In application of article L. 221-18 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the ordered products (the day of receipt of the ordered products is not counted in the period, the latter starting the next day). If this withdrawal period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.

In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the period shall run from the receipt of the last good or lot or part.

However, according to Article L. 221-28 of the Consumer Code:

"The right of withdrawal cannot be exercised for contracts :

3° Supply of goods made to the consumer's specifications or clearly personalised;

4° The supply of goods that are likely to deteriorate or expire rapidly;

5. the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection

6. the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;".

To exercise his right of withdrawal, when this can be exercised, the Customer must, within the period of fourteen (14) days indicated above, send to AIR VAPE DISTRIBUTION, the standard form for exercising the right of withdrawal (in Annex 1 of these conditions) or a declaration, free of ambiguity, expressing his desire to withdraw, to the address indicated in article 1 of these conditions.

The Customer must return the products, at his own expense, to the address mentioned herein, within fourteen (14) days of communicating his decision to withdraw, in their original packaging, unused and in perfect condition, without any trace or mark, with the labels, all accessories and any gifts that may have been offered.

The Customer is reminded that, in accordance with the provisions of article L. 221-23 of the Consumer Code, his responsibility may be engaged in case of depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products.

As such, AIR VAPE DISTRIBUTION will be entitled to apply a discount in case of handling of the products other than those strictly necessary to establish their nature, their characteristics and their good functioning.

In case of withdrawal concerning several products and if the Customer does not return all the products, AIR VAPE DISTRIBUTION will deduct from the sum to be reimbursed, the price of the missing products.

AIR VAPE DISTRIBUTION undertakes to reimburse the Customer within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. Nevertheless, AIR VAPE DISTRIBUTION is entitled to defer this reimbursement until the effective recovery of the goods or until the Customer has provided proof of the dispatch of these goods, the date retained being that of the first of these facts.

AIR VAPE DISTRIBUTION shall carry out this refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the Customer.

Article 11: RESERVATION OF OWNERSHIP

The products sold by AIR VAPE DISTRIBUTION to its Customers remain its property until full payment of the price in principal, costs, interests and accessories by the Customer. However, the risks are transferred upon receipt of the products by the Customer.

In the event of non-payment, AIR VAPE DISTRIBUTION, without losing any other of its rights, may demand by registered letter with acknowledgement of receipt the return of the products at the expense and risk of the Customer. The Customer shall also bear any legal and judicial costs.

Article 12: PERSONAL DATA

AIR VAPE DISTRIBUTION collects and processes the personal data of Customers in accordance with the regulations in force applicable to personal data and the Confidentiality Policy that it has drawn up.

The AIR VAPE DISTRIBUTION Confidentiality Policy completes the present conditions, of which it is an integral part. We invite you to consult it by clicking here.

Article 13: OPPOSITION TO TELEPHONIC CONTACT

The Customer who communicates his telephone details to AIR VAPE DISTRIBUTION via the Site when ordering online, is informed that he can register on a list of opposition to telephone canvassing (Bloctel list). It is nevertheless specified that this registration does not prevent AIR VAPE DISTRIBUTION from contacting the Customer by phone for the strict needs of the execution of this contract.

Article 14: APPLICABLE LAW

The parties agree that these conditions and their consequences are subject to French law. The language of these conditions and of the relations between the parties is French.

Nevertheless, with regard to deliveries outside France, the Customer is informed that French law applies subject to the mandatory provisions of the law of the country in which he/she has his/her habitual residence.

Article 15: SETTLEMENT OF DISPUTES / MEDIATION

The Customer declares that it has been previously informed by LE AIR VAPE DISTRIBUTION of the possibility of having recourse, in the event of a dispute, to a consumer mediation procedure.

Before referring to the mediator, the Customer undertakes to address his complaint to the customer service of LE AIR VAPE DISTRIBUTION at the address indicated in article 1 of these general conditions.

In addition, AIR VAPE DISTRIBUTION informs the Customer of the existence of the online dispute resolution platform set up by the European Commission and the possibility of using it in the event of a dispute with AIR VAPE DISTRIBUTION in relation to this contract.

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


Article 16: MANDATORY INFORMATION FOR CONSUMER CUSTOMERS

Legal guarantee of conformity

The French Consumer Code provides for the following in terms of the legal guarantee of conformity:
Article L.217-4 of the Consumer Code

"The goods conform to the contract if they meet the following criteria, where applicable:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability or any other characteristic provided for in the contract;

2° It is fit for any special purpose intended by the consumer, which was made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;

3° It is delivered with all the accessories and installation instructions to 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 of conformity with the contract, the good is in conformity if it meets the following criteria:

1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it has the qualities which the seller has 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 according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;

5° Where applicable, it is supplied with the updates that the consumer may legitimately 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 legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.

II - However, the seller shall not be bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates :

1° That he did not know them and was not legitimately in a position to know them ;

2° That at the time of the conclusion of the contract, the public statements had been corrected in a manner comparable to the original statements; or

3. that the public statements could not have influenced the decision to buy.

III. the consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods, which he has been specifically informed deviates from the conformity criteria set out in this article, and to which he has expressly and separately agreed at the time of conclusion of the contract.

Article L.217-7 of the Consumer Code

"Defects of conformity that appear within twenty-four months of delivery of the goods, including goods with digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed.

For second-hand goods, this period shall be twelve months.

Where the contract for the sale of goods with digital elements provides for the continuous supply of digital content or a digital service, any lack of conformity that appears at the time of delivery of the goods shall be presumed to exist

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

2° During the period during which the digital content or service is provided under the contract, where the contract provides for such provision for a period of more than 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 by repair or replacement or, failing this, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section.

The consumer shall also have the right to suspend the payment of all or part of the price or the remission of the benefit provided for in the contract until the seller has fulfilled his obligations under this Chapter, in accordance with Articles 1219 and 1220 of the Civil Code.

The provisions of this chapter are without prejudice to the award of damages.

Article L.217-9 of the Consumer Code

"The consumer is entitled to demand that the goods comply with the criteria set out in Subsection 1 of this Section.

The consumer shall request the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer shall make the goods available to the seller.

Article L.217-10 of the Consumer Code

"The goods shall be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer's request and without any major inconvenience to the consumer, taking into account the nature of the goods and the use intended by the consumer.

The repair or replacement of the non-conforming goods shall include, where appropriate, the removal and return of the goods and the installation of the repaired or replacement goods by the seller.

A decree shall specify the procedures for bringing the goods into conformity.

Article L.217-12 of the Consumer Code

"The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, particularly with regard to

1° The value that the goods would have if there were no lack of conformity;

2° the significance of the lack of conformity; and

3° the possibility of choosing the other option without major inconvenience to the consumer.

The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1 and 2.

Where these conditions are not met, the consumer may, after formal notice, pursue compulsory execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.

Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity shall be justified in writing or on a durable medium.

Article L.217-13 of the Consumer Code

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

Where the consumer chooses to have the goods repaired but the seller does not do so, the replacement of the goods to bring them into conformity shall give rise to a new period of legal guarantee of conformity for the replaced goods. This provision shall apply 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 the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.

Article 1644 of the Civil Code

"In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.

Article 1648 paragraph 1 of the Civil Code

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

ANNEX 1: WITHDRAWAL FORM

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

To the attention of :

AIR VAPE DISTRIBUTION

33, Avenue Jules Cantini - 13006 Marseille


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

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

Name of consumer(s): ........................................................................

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

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

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

(*): Delete as appropriate. D