GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale apply to the items offered for sale, called the PRODUCT, present on the Supports published by CEP SARL
CEP SARL is a limited liability company, specialized in the wholesale trade sector, with a capital of 7622.45 euros, domiciled at the route des quatre saison 13190 Allauch - France, and registered at the Commercial Court of MARSEILLE.
These General Terms and Conditions of Sale prevail, without exception, over any other conditions specific to the user, unless otherwise expressly and in writing issued by CEP SARL; any derogation shall only bind CEP SARL for the order concerned. These General Terms and Conditions apply to all ordering methods.
These General Terms and Conditions of Sale comply with the characteristics defined in Article L. 441-6 of the French Commercial Code. They are available in all the Supports published by CEP SARL.
2. Acceptance of the General Terms and Conditions of Sale
By purchasing the PRODUCTS marketed by CEP SARL, the Customer acknowledges having previously read these General Terms and Conditions of Sale and having accepted them without reservation.
3. Retention of title clause
It is agreed that the seller shall remain the owner of the goods sold until the buyer has fully paid the price provided for in this contract. As a result, in the event of non-payment, the seller may demand the return of the said goods at any time.
If these goods are damaged, lost or stolen, the buyer will be fully responsible for the consequences of this loss. He is required to take out insurance that will guarantee payment of the indemnity directly to the seller.
The agreement of the invoice by the customer fixes between the parties the order, the nature and the price of the PRODUCTS to be delivered by CEP SARL.
The delivery times are indicated by CEP SARL as an indication only, the price corresponds to the price in force at the time of the order. CEP SARL reserves the right to modify its prices at any time.
It means PRODUCT delivered to our premises, fresh, packed, delivered and taxes extra.
All prices are expressed in euros. If applicable, VAT is applied at the rate in effect at the time of the order. Any foreign customer with a valid Intra-Community VAT number will be charged VAT, whereas VAT will have to be invoiced.
Payment for orders is made online via CIC Paiement, directly to CEP SARL, or by bank transfer.
Confidential data on the credit card entered by the Client does not pass through the site's server. A rejected transaction will not result in any supply of PRODUCTS.
Orders will be processed upon receipt of payment for said orders.
In the case of an order paid offline, it is validated by CEP SARL as firm and deliverable, only if the buyer sends proof of transfer to the seller including all the necessary information to identify the transfer originator (the buyer), the bank that makes the transfer, the recipient (the seller), the amount of the transaction and the transaction reference.
The receipt must take place within thirty (15) days of placing the order online on the site; otherwise, the order will be considered null and void and terminated by CEP SARL.
The order is delivered to the delivery address indicated by the Customer online on the CEP SARL website, www.vapro-distribution.com. If the delivery address is different from the billing address, the latter must be expressly mentioned.
Delivery times are given for information only and are the responsibility of UPS.
CEP SARL cannot be held responsible for a temporary or permanent seizure of PRODUCTS by customs in the country of destination.
CEP SARL, and/or its Suppliers, undertake to carry out their obligations with care and diligence and to use the best means at its disposal. It is expressly agreed that the obligation of CEP SARL, and/or its Suppliers, is an obligation of means, to the exclusion of any other. CEP SARL will therefore produce all the necessary documents to regularize the situation and provide all the assistance that the situation requires.
As soon as the parcel tracking indicates a status "distributed", "delivered" or "received by..." the delivery is presumed to have been made and accepted.
If the delivery could not be made due to the fault of the Customer (incomplete, incorrect, incorrect, inaccurate, incorrect, missing person...) the package will only be reshipped by CEP SARL after the payment of new shipping costs.
The reception of PRODUCTS entrusted to a third party (building caretaker, receptionist at the workplace, etc.) is presumed to have taken place in the name and on behalf of the Client.
The Customer will carry out the usual checks on delivery.
In the presence of an apparent anomaly (damage, PRODUCT missing from the delivery note, damaged package, broken PRODUCTS, etc...) any claim will be validly made within three (3) days of receipt of the PRODUCT by registered letter with acknowledgement of receipt, accompanied by photos of the packaging and PRODUCTS.
In the event of delivery of the PRODUCT not in conformity with the order and not apparent, the Customer must send CEP SARL a complaint within seven (7) days following the provision of the PRODUCT to the Customer and specifying precisely the non-compliance found, as well as all the elements allowing to identify with uniqueness his company, his order, his payment, his delivery... (the list is not exhaustive) by registered letter with acknowledgement of receipt, accompanied by photos of the packaging and PRODUCTS.
The PRODUCT recognized as non-compliant by CEP SARL will be replaced, or refunded if the PRODUCT is not available.
After these deadlines, no complaint will be admissible.
7. Customer's marketing right
If any use of the PRODUCTS for the purpose of indirect marketing or resale is authorised within the European Union, the Customer shall be held solely responsible for this, whether it is carried out wrongfully, negligently or simply by omission of the legal provisions applicable to its marketing territory.
The customer undertakes to comply with the legal provisions on export control issued by the United States, Asian countries and the legislation issued by the European Union and its Member States in this regard.
In the event of export of the PRODUCTS outside the European Union, the Customer must obtain prior written authorization from the manufacturer. Otherwise, its liability would be engaged towards CEP SARL which will be entitled to obtain compensation for all damages, costs and expenses resulting from it.
8. Customer's responsibility
The Customer is solely responsible for the use he makes of the PRODUCTS acquired. It is his responsibility to use it in accordance with the regulations in force in his country or in the country to which he markets the PRODUCTS.
Under no circumstances may CEP SARL, or its service providers, be held liable for any damage or infringement, of any nature whatsoever, resulting from the marketing of the PRODUCTS.
The Customer shall research, select and acquire the PRODUCTS under its own responsibility. The Customer acknowledges that he/she has all the skills to assess information relating to the PRODUCT. Information relating to the PRODUCTS and transmitted to the Customer is granted without warranty of any kind, either express or implied in terms of accuracy, precision, reliability, exhaustiveness, updating, regulatory compliance or otherwise.
The sale of PRODUCTS is carried out in accordance with French law. However, in view of the legislation specific to each of the States that may exist, in particular with regard to health policies, CEP SARL, and/or its Suppliers, cannot grant a guarantee of any other than that expressly defined under these conditions, in particular for the legality of these PRODUCTS outside French territory.
CEP SARL, and its Suppliers, may not be held liable for any direct, indirect or incidental consequences as well as for any indirect material or immaterial damage and/or injury, and in particular for loss of profit, commercial or financial loss, operating losses, recourse by third parties, infringement of the Legislation, this list not being exhaustive.
9. Right of Withdrawal
If the Customer is a merchant, CEP SARL, and its Suppliers, shall begin to perform their PRODUCT supply services before the end of the fourteen (14) clear day period, in accordance with the Customer's wishes. The Parties therefore agree to waive the possibility of exercising any right of withdrawal (Article L221-25 of the Consumer Code - Distance selling).
Only PRODUCTS returned as a whole, in their original complete and intact packaging, in perfect condition for resale, will be accepted. Any PRODUCT that has been damaged or whose original packaging damaged will not be refunded, taken back or exchanged.
By way of derogation, liquids and consumables do not fall within the scope of the right of withdrawal.
The Customer wishing to exercise his right of withdrawal may request either:
- the refund of the sums collected, with the exception of delivery charges,
- or an exchange of an amount equivalent to the sums paid or, where applicable, with a bank supplement.
In any case, the refund will be made within 45 days of the return of the PRODUCT.
PRODUCTS purchased on our site benefit from the warranty indicated on the article sheet. Any contractual guarantee granted by the manufacturer shall be binding only on the manufacturer.
Under no circumstances does CEP SARL guarantee that the PRODUCTS supplied are suitable for responding to a particular problem specific to the user's activity.
CEP SARL cannot be held liable towards the user or towards third parties for the consequences resulting from the use of the PRODUCTS, whether direct or indirect damage, accidents to persons, damage to separate property, loss of profit or loss of profit, damage resulting from or resulting from deterioration or loss recorded by the user.
To exercise the PRODUCTS guarantee, the Customer must keep the purchase invoice as well as all the elements received (including packaging).
The refund or exchange assumes that the PRODUCT is not damaged and that it has all its original accessories.
Except for non-compliant PRODUCT, the costs and risks related to the return of the defective PRODUCT are the responsibility of the Customer.
The repaired PRODUCT will only be returned with a new order and not separately.
In any case, the manufacturer's guarantee and the subscription of an additional guarantee do not deprive the buyer and/or the consumer of the legal provisions (in particular the guarantee against hidden defects or the legal guarantee of conformity).
Duration of the guarantee provided by CEP SARL:
- Mods/Loaders: 3 Months
- Batteries/Atomizer/Clearomizer/Accessories/eLiquids: no warranty
In the event of an identified failure, CEP SARL's obligation will be limited to replacing the PRODUCTS. In any event, in the event that CEP SARL's liability is retained, it shall be limited to the payment of compensation corresponding to the amount of the order.
11. Intellectual Property
The consultation of the CEP SARL website or the receipt of PRODUCTS does not entail any transfer of intellectual property rights in favour of the Client.
The Client also undertakes not to extract, reproduce, exploit, redistribute or use for any purpose whatsoever any part of the elements of the site, whether software, visual or sound, without the owner's consent, or reproduce the data beyond the normal conditions of use, in particular by using a robot.
The photos on the site are not contractual and do not commit CEP SARL.
12. Case of force majeure
The Parties' obligations shall be suspended in the event of the occurrence of an event of force majeure as recognised by the French courts. Expressly, are considered as cases of force majeure: war, riot, flood, fire, interruption or breakdown of communications and/or supply of electricity, and, in general, any event beyond the control of CEP SARL, preventing the execution of its commitments, CEP SARL's liability cannot be engaged and its commitments would cease without any right to any compensation whatsoever for the Customer.
In the event of a general strike, a sectoral or professional strike, a strike by means of transport, the post office, public services or companies providing CEP SARL with its PRODUCTS, a fire or storm, a general breakdown of CEP SARL's computer system.
The Party prevented from performing its obligations due to a case of force majeure shall notify the other Party without delay. The Parties shall consult each other on the possible conditions for the continuation of the Contract. In the event that a case of force majeure lasts more than two (2) months, each Party may terminate the contract without this termination giving rise to any compensation.
13. Independence of contractual clauses
The nullity of one of the clauses of the present contract shall not entail the termination of the contract, only the clause deemed null and void shall cease to have effect.
14. Proof of the transaction
The computerized records kept in CEP SARL's computer systems will be considered as exclusive proof of communications, orders and payments between the parties. The archiving of purchase orders, quotations and invoices is carried out by CEP SARL on a reliable and durable medium that can be produced as proof.
15. Applicable law and dispute resolution
These General Terms and Conditions of Sale and all acts and transactions carried out hereunder are subject to French law and French law. Any dispute concerning the sale of the PRODUCTS, their use and the application of these General Terms and Conditions of Sale falls, except in the event of amicable settlement, within the jurisdiction of the Marseille Commercial Court.