GENERAL TERMS AND CONDITIONS OF SALE
as of 15.05.19
ARTICLE 1 - APPLICATION
The present General Terms and Conditions of Sale are submitted to each Purchaser to enable him/her to place an order.
Consequently, the fact of placing an order implies full and unreserved acceptance by the Buyer of the GSC.
No special condition, unless formally accepted in writing by the Seller, may prevail over the GTC.
Any contrary condition set by the Buyer shall therefore, in the absence of express acceptance, be unenforceable against the Seller, regardless of the amount of time it may have been brought to its attention.
The fact that the Seller does not at a given moment avail itself of any of the present GTC shall not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.
ARTICLE 2 - ORDERING
In order to be valid, all orders must be established on the Jc'Vap order forms or directly on the jcvap.fr website.
All orders are considered firm and final upon acceptance of the GTC.
Jc'Vap refuses to sell to minors in their countries, that is why by accepting these GTC you certify on your honour that you are over 18 years old.
The prices charged in the shop may differ from the prices on the jcvap.fr website.
ARTICLE 3 - MODIFICATION OF THE ORDER
Any modification requested by the Buyer can only be taken into consideration if it is received in writing before the goods are shipped.
Any modification made to an order automatically entails the cancellation of the conditions previously accepted by the Seller with regard to prices, deadlines, payment conditions and delivery terms.
They may also lead to the complete cancellation of the order by the Seller, without any compensation being claimed.
In the event of cancellation after the goods have been dispatched, the Buyer shall bear the shipping costs as well as the costs of re-shipment.
These costs will not give rise to any reimbursement by the Seller.
ARTICLE 4 - DELIVERY
In case of evolution of the goods, favourable to the Buyer (quality, quantity), the Seller reserves the right to make at any time any modification he deems useful to the goods and, without obligation to modify the goods previously delivered or in the course of an order.
The free delivery charge for orders over 49.90€ does not apply to packages weighing more than 1kg, in particular orders containing neutral bases of one litre or two hundred millilitres.
ARTICLE 5 - DELIVERY - DEADLINES
Deliveries are only made according to availability and in the order of arrival of orders.
The Seller is authorised to make deliveries in whole or in part.
The delivery times announced on the website are given as an indication only.
In the event of a stock shortage or a difficult restocking, it is possible that the delivery times announced on the website may be exceeded.
After forty-five days, the buyer may request the cancellation of the order and the full reimbursement of the sums already paid.
The delivery period is considered to be the time between the dispatch of the order and its receipt.
ARTICLE 7 - DELIVERY - TRANSFER OF RISK
The goods travel at the risk of the Recipient, to whom it is incumbent, in the event of damage or shortage, to make all necessary observations and to confirm reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier within 3 days of receipt of the goods.
ARTICLE 8 - RECEIPT
Without prejudice to the measures to be taken with regard to the carrier or to the Seller's employee if the delivery is made by him, complaints about apparent defects or the non-conformity of the goods delivered in relation to those ordered or to the dispatch note, must be made in writing within 8 days of the delivery of the goods. It shall be the Buyer's responsibility to provide any justification as to the reality of the defects or anomalies noted.
The Buyer shall give the Seller every opportunity to proceed with the observation of these defects and to remedy them.
The Buyer shall refrain from using the goods for the time necessary for the Seller to remedy the defect found.
If the defect is found, the goods will be replaced, with the delivery costs of the exchanged goods being borne by the Seller.
ARTICLE 9 - RETURNS - TERMS - CONSEQUENCES
The Buyer has a right of withdrawal of 7 days, starting from the day of delivery, after which any return of goods must be subject to a formal agreement between the Seller and the Buyer.
Any goods returned without this agreement will be held at the disposal of the Buyer and will not give rise to the establishment of a credit note. In all cases, the shipping and return costs and risks are always at the Buyer's expense.
ARTICLE 10- RETURN - CONSEQUENCES
If the purchaser decides to make use of his right of withdrawal, the seller undertakes to reimburse the sums of the equipment ordered within thirty days of receipt of the latter in his premises, provided that the product is returned in its original condition.
The refund may be made by cheque or bank transfer.
After the seven-day period, any return accepted by the seller will result in the issue of a credit note to the benefit of the purchaser after qualitative and quantitative verification of the returned goods.
In the event of an apparent defect or non-conformity of the goods delivered, duly noted by the seller under the conditions provided for in Article 8, the purchaser may obtain a free replacement or reimbursement of the goods.
ARTICLE 11 - WARRANTY - SCOPE
The goods benefit from the legal guarantee as defined in articles 1641 and following of the Civil Code.
The equipment benefits from a 3-month manufacturer's warranty (unless otherwise indicated on the product sheet) on parts from the date of purchase, excluding consumables.
The presentation of the Guarantee Certificate (or the paid purchase invoice) will be required when the guarantee is invoked.
In the absence of the warranty certificate or receipted invoice, the Manufacturer's warranty will not apply.
In case of non-conformity, the seller's commitment is limited to the free replacement of the product or the exchange of the material recognized as defective by its services.
In order to benefit from this guarantee, the goods must first be submitted to the seller's After Sales Service, whose agreement is essential for any replacement.
In the absence of prior submission to the Seller's After Sales Service, any replacement made by the purchaser shall not be covered by the warranty.
The foregoing provisions are not exclusive of the application of the legal guarantee for hidden defects of articles 1641 and following of the Civil Code, in accordance with the provisions of article R. 211-4 of the Consumer Code.
ARTICLE 12 - GUARANTEE - EXCLUSION
Defects and deterioration caused by non-compliance with the safety instructions relating to storage precautions, specified on the packaging, are excluded from the guarantee. Defects and deterioration caused by incorrect use, improper maintenance, abnormal use, lack of supervision, poor electrical protection of the equipment, circumstances that are detrimental to the proper functioning of the equipment, or by a modification of the product that was not foreseen or specified by the Seller, are excluded from the warranty. Cases such as deterioration of connectors or liquid leaks in the equipment are not eligible for warranty. In the case of the use of an e-liquid with non-compatible equipment, no credit note or refund can be offered.
Likewise, the warranty will not apply to apparent defects, which the Purchaser must invoke under the conditions of Article 8.
The guarantee shall immediately and completely disappear if the goods are used in abnormal conditions.
In case of lack of maintenance, the warranty will be totally or partially lost.
The guarantee only exists with the purchaser and not with third parties to whom the goods may have been offered.
The return of goods excluded from the guarantee implies the payment of the shipping costs by the customer.
ARTICLE 13 - PRICES
The prices are those of the tariff in force on the day of the order. The prices charged on the jc'vap.fr website are not systematically identical to those charged in shops. Please contact the shops to find out.
ARTICLE 14 - PAYMENT - LATE PAYMENT
Any partial payment is received as a deposit.
The goods are payable at the time of ordering, unless otherwise stipulated.
No delivery will be made before the receipt of the sums due.
In the event of payment by instalments, in the event of termination of the contract for non-payment of a due date, the sums previously paid by the purchaser shall be retained by the seller.
Likewise, the defaulting purchaser shall be liable for a fixed indemnity equivalent to the amount of the remaining instalments.
The purchaser shall reimburse all costs incurred by the contentious recovery of the amounts due.
In the event of deferred payment agreed at the time of the order, whatever the form of credit chosen until full payment, the goods must be in good condition, and may not be sold, given or pledged, and must be kept in the recommended storage conditions.
ARTICLE 15 - RETENTION OF TITLE
The transfer of ownership of the goods sold is subject to the payment of the price on the due date by the purchaser.
Payment is made when the price is actually collected, the handing over of a bill of exchange or any other title creating an obligation to pay, but not constituting payment.
ARTICLE 16- DISCLAIMER
All the products marketed by the company Jc' vap and the site jcvap.fr, are intended for the reproduction of smoke inhalation.
The product used to reproduce vaping is based on Propylene Glycol.
No scientific study has been made on the side effects that may be related to the absorption of this substance, the customer acknowledges using this product on its full responsibility, the company Jc'Vap can not be held responsible for any health problem or health of one of its customers.
ARTICLE 17 - EXCLUSIVE JURISDICTION
Any dispute related to the interpretation, execution or breach of contract will be submitted, in the event of a dispute, for any reason whatsoever, to the Courts on which the seller's head office depends.
ARTICLE 19 - DATA PROCESSING AND FREEDOM
In accordance with the law N°78-17 "Informatique et Libertés", the buyer has the right to access and rectify any personal information concerning him/her. This right can be exercised by written request to the seller, whose contact details can be found in the "Contact" section of the website www.jcvap.fr
ARTICLE 20 - DATA PROTECTION AND PRIVACY
The information you provide is essential for the processing and delivery of orders, the preparation of invoices and warranty contracts, and their absence will result in the cancellation of your order.
By registering on the Site, you undertake to provide us with true and sincere information about yourself. Providing false information is contrary to these terms and conditions.
You have a permanent right of access and rectification of all data concerning you, in accordance with European texts and national laws in force (article 34 of the law of 6 January 1978). You can at any time make a request to Jc'Vap in order to know what information it has about you.
You can modify this data at any time and on request. If you have accepted it when you identified yourself on the Site, promotional emails (e-mails) offering you new products, clearance offers, exclusivities, bargains, etc. will be sent to you.
You can ask not to receive any more emails from us at any time. Jc'Vap is the sole owner of the information concerning you.
If you have accepted it when you identified yourself on the Site, Jc'Vap may send you information within the framework of specific and punctual promotional operations.
We also inform you that cookies record certain information that is stored in the memory of your hard disk. A warning message will ask you beforehand if you wish to accept cookies, which you can of course refuse.
These cookies do not contain any confidential information about you.
No financial data (credit card numbers) are stored by Jc'Vap.