Enovap terms of sales


ENOVAP, a simplified joint-stock company, registered in the Trade and Companies Register of Troyes under number 814 824 074, whose head office is located at Technopole de l’Aube, 2 rue Gustave Eiffel 10430 ROSIERES PRES TROYES, and whose number intra-community VAT number is FR66814824074 (hereinafter the “Company”) operates a website available at the address https://www.enovap.com (hereinafter the “Website or the Site”) and an application called ENOVAP available on Apple Store and Google Play (hereinafter the “Application”).


Preamble

These Terms of Sales (hereinafter “the TOS”) define the conditions and legal obligations related to the purchase of products from the site accessible at the address https://www.enovap.com offered by the Company.

 

These TOS supplement the General Conditions of Use of the Website and the Application available at the address https://www.enovap.com/cgu which govern their use.

 

Any use and / or use of the products offered by the Company to users imply the unreserved acceptance of these TOS.

 

The purchase of products on the Website is exclusively reserved for persons capable of entering into contracts under French law. The User must be a duly represented legal person or an adult natural person with the legal capacity to place an order on the Website. Otherwise, he must have the authorization of his legal representative to place an order, which he expressly acknowledges and accepts.


1. DEFINITIONS

❖ “Order form”: summary document of the Products ordered by the User on the Website, which sets out the Products ordered, the Price of the Products and the Delivery costs. The Order Form is generated on the Website at the end of the Order.

 

❖ “Delivery slip”: document summarizing the terms of delivery of the Products to the address indicated by the User and on which the User can make written reservations to be sent to the Company or justify the complete refusal of the Products delivered.

 

❖ “Order”: refers to the purchase by the User of Products offered for sale on the Website.

 

❖ “Personal account” means all the personal data relating to the User, the registration and use of which are necessary to gain authenticated and secure access to the Company’s services accessible from the Application. The Personal Account created on the site is automatically linked to the Personal Account accessible from the Application, these accounts being identical. The Personal Account created from the Application is accessible from the Site and contains the same data entered.

On the Website, the Personal Account only allows you to order Products, access your personal information, add information necessary for placing your Order, and obtain discounts under the conditions set out herein.

 

❖ “Personal data”: designate any information relating to an identified or identifiable natural person. A natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier in particular, is deemed to be an “identifiable natural person”. . The information relating to the User who is a natural person provided by him when ordering or creating a Personal Account is Personal Data within the meaning of applicable laws and regulations.

 

❖ “Delivery costs”: amount of the delivery of the Products to the address indicated by the User, independent of the Price of the Products and mentioned on the Website before validation of the Order. Delivery Charges include the cost of transporting the Product to the specified delivery address. Customs duties and taxes are also applicable and are stipulated at the level of the purchase tunnel.

 

❖ “Withdrawal form”: document allowing the User to exercise his legal right of withdrawal under the conditions determined herein, a model of which is annexed to these TOS.

 

❖ “Connection identifiers”: designate the e-mail address and password entered by the User when creating his Personal Account and which are requested when he accesses his Personal Account from the Website and / or the Application.

 

❖ “Price”: price of the Products that the User agrees to pay directly via the Website when ordering the Products he has selected. The Price of each Product is shown inclusive of all taxes and does not include Delivery Charges.

The User is informed that the Price of the Products is likely to change over time at the discretion of the Company. The Company does not undertake that the Price of the Products will not undergo any change.

However, it is understood that in the event of a change in the Price of the Products by the Company, the Price applicable to the Order remains that in force when the Order is placed.

 

❖ “Products”: all the products (electronic cigarettes and accessories) sold by the Company on the Website.

 

❖ “Site” or “Website”: website accessible at the address https://www.enovap.com available in two languages: French and English. A selector located in the header bar of the Site allows the User to switch from the French version to the English version of the Site.

 

❖ “User”: refers to any natural person acting exclusively for non-professional purposes accessing the Website in order to place an Order to purchase a Company Product.

 

❖ “Vaporizer”: electronic cigarette with double tank developed by the Company and marketed on the Site, allowing vapers to better manage their daily nicotine consumption.


2. PURPOSE - ACCEPTANCE - VALIDATION

2.1. The purpose of these TOS is to (i) define the conditions under which the User can access the Website and place Orders, (ii) manage the relationship between the User and the Company.

They apply between the Company and any User of the Site. Any User agrees to comply with these TOS without restriction or reservation, whether he consults the Site or places an Order. The TOS are notified to the User for acceptance prior to any Order on the Website.

The TOS are applicable for any consultation or navigation on the Website.

 

2.2. Simple navigation on the Site is free.

These TOS exclusively govern the relationship of the Company with the User. The Company reserves the right to modify these TOS at any time under the conditions of Article 19 of the TOS.

The purpose of these TOS is to define exclusively the conditions of sale of Products on the Site by the User.

As soon as he ticks the box “I have read and I accept the Terms of Sales and I adhere to them without reservation”, prior to placing an Order, the User expressly acknowledges having read these terms and conditions. TOS as well as the various documents to which they refer and accept them without reservation.

The Order through the Site implies unreserved acceptance by the User of these TOS which prevail over any other general or specific conditions not expressly approved by the Company.

 

2.3. The User declares to have obtained from the Company, prior to his Order, all the information on the Products and their content necessary for it. He declares that he is solely responsible for the choice of Products as well as their suitability for his needs.

 

3. VALIDITY OF THE TERMS OF SALES - ENTRY INTO FORCE - DURATION

These TOS are applicable for the duration of the User’s navigation and access to the Website, for placing the Order and for the duration of the commercial relations between the User and the Company.

 

It is specified that the User can save or print these TOS, provided however that they do not modify them.

The version of the TOS available online on the Website will prevail, where applicable, over any other version hereof, with the exception of changes that may have occurred after the purchase of a Product, in accordance with common law.

 

These TOS apply, as necessary, to any variation or extension of the Website on existing or future social and / or community networks.

 

The User is informed that the TOS may be updated at any time under the conditions of Article 19 hereof.


4. TERMS OF ORDERING PRODUCTS

The stages of the Product purchase process by the User are set out in this article.

The User can place an Order in guest mode or directly via his Personal Account, created under the conditions determined below. This choice is made when ordering.

If the User chooses to place an order from his Personal Account, the pre-recorded information and in particular the delivery and billing address will apply to the Order.

 

4.1. PRODUCT SELECTION – SHOPPING BASKET

 

The User selects the Product (s) marketed on the Website.

The description of the Products is available to the User on the Website, which the User accepts and acknowledges.

The User is solely responsible for the suitability of the Products selected for his needs.

The Products are delivered as is and do not allow any other use than that described in the description.

The Products selected by the User are then combined in a shopping cart, which displays the list of Products added by the User to his Order.

 

For each Product is displayed:

 

• His image

• Its “type” attribute

• His title

• The concentration of nicotine in the e-liquid

• Its Unit price including VAT

• Its quantity (modifiable via an “input” field)

• The sub-total including tax (unit price X quantity)

 

In the event that the selected Product is no longer in stock, a message warns the user of its unavailability and indicates “out of stock”.

After validating his shopping cart, the User is redirected to a page allowing him (i) to place an order via his Personal Account or (ii) to enter the personal information necessary for the Order.

This information is pre-recorded if the User places an order from his Personal Account.

This information can nevertheless be modified at any time by the User from his Personal Account.

Personal Data collected in this regard is processed by the Company in accordance with the article “Personal Data” of these TOS and the Company’s Personal Data Charter available at the following address: https://www.enovap.com/en/personal-data.

 

An overall summary insert details:

 

• The total including tax

• VAT

• The amount of shipping costs (note: any customs costs are not taken into account)

 

The Company reserves the right to refuse Orders if the quantity is too large in relation to its production capacities. The purpose of this precaution is to maintain the highest possible level of quality requirements for the achievements of the Products and to only resort to professionals in the manufacture of the Products in question to carry out the Orders.

Product offers are only valid as long as they are visible on the Site. In the event of unavailability of Products after placing an Order, the Company will inform the User by email at the address indicated when placing the Order, to offer him the possibility of modifying his Order or to request cancellation.

Without a response from the User, the Order will be automatically canceled and a full refund will be made.

 

4.2. INDICATION OF ACCEPTED PAYMENT METHODS

 

The Order page then indicates the accepted payment methods.

No choice of payment method is necessary at this step, this choice being made directly on the payment page of the secure Monetico platform.

All the provisions relating to the payment methods of the Order are detailed in Article 6.2 of these TOS.

 

4.3. ORDER AND ACCEPTANCE OF THE TERMS OF SALES

 

The contractual information is presented in French and will be the subject of a confirmation containing this contractual information at the latest at the time of validation of the Order by the User.

The User will place an order in accordance with the instructions given to him on the Site and undertakes to complete, where applicable, his registration and order form, making sure to provide the necessary complete and accurate information.

In any case, the User is responsible for the information entered on his registration form and when placing an order.

Before clicking on “ACCESS TO PAYMENT”, the User must have read and accepted these TOS beforehand, by checking the box “I have read and I accept the Terms of Sales and I adhere to them without reservation” .

This step is decisive and the User cannot tick this box without having first read and accepted all the clauses of these TOS.

Once this box has been checked, the User declares that he fully and unreservedly accepts all of these TOS.

The User must also declare that he has the capacity to conclude this contract by checking the box “I acknowledge that I am of legal age and that I am authorized by the legislation of my country to buy products containing nicotine”, that is to say to have the legal majority, not to be under guardianship or guardianship and to be authorized by the legislation of his country to buy products containing nicotine.

 

4.4. PAYMENT OF THE ORDER

 

The User is then redirected to the payment page of the secure Monetico platform, to proceed with the payment of the Order, the terms of which are set out in Article 6.2.1 below.

 

4.5. CONFIRMATION OF THE ORDER BY THE COMPANY

 

The Company reserves the right to refuse to validate any Order in the event of an existing dispute with the User following in particular the non-compliance by the User with the obligations subscribed to under these TOS, in particular with regard to any payment incident. the price of an Order, which may result in the suspension of access to the Site, without prejudice to any damages that the Company may request.

The Order will only be considered firm and final once it has been confirmed by the Company to the User by sending an email to the email address he has previously provided.

 

Once the Order has been validated, it is the subject of an Order Form listing the following elements:

 

• The Order number

• The summary of the Order

• The Order date

• The delivery method

• Payment method

 

When the Order is shipped, the User receives a second email including tracking information:

 

• The Order number

• The date of dispatch of the Order

• The summary of the Order

• The delivery address

• The delivery method

• The tracking number with a redirection link to the laposte.fr site

 

The User with a Personal Account will be able to (i) track his package (ii) download the invoice for all his Orders from his Personal Account.

 

4.6. ORDER IN ONE CLICK FROM THE PERSONAL ACCOUNT

 

The User has the possibility to recommend one of the previous Orders from his Personal Account in the dedicated tab.

If the User chooses to recommend Products already ordered, the Products chosen during the previous Order will be automatically selected in the basket and the User’s personal information is pre-recorded.

The User is then invited to validate his basket and to follow the instructions in order to finalize his Order.


5. PERSONAL ACCOUNT

5.1. CREATION OF A PERSONAL ACCOUNT

 

5.1.1. The User can create a Personal Account on the Site. The Personal Account allows the User, on the Site, to place an order for Products, access his personal information, add information necessary for placing his Order, obtain reductions under the conditions determined in the present.

From his Personal Account, the User can also place an Order directly and access a summary of all of his past Orders.

The User will also be able to access the services offered on the Application via this Personal Account by indicating his identifiers when connecting to the Application.

The User can create his Personal Account directly on the Site by providing the following information on the dedicated interface:

 

– E-mail

– Password

– Gender (Male or Female)

– First name

– Last name

– Date of Birth

– Time zone

– Language of the page used on site (French or English)

 

The Personal Data set out above is processed by the Company in accordance with the article “Personal Data” of these TOS and the Company’s Personal Data Charter available at the following address: [link to Personal Data Charter].

The User understands and accepts that this Data is also transmitted to the Application and is accessible on the Site and the Application.

 

5.1.2. Once this information is provided, the User receives an email from the Company containing a confirmation code that the User must enter on the dedicated interface to validate the creation of his Personal Account.

 

Once the confirmation code has been entered by the User, the Company sends him a second email, inviting him to access a URL link in order to activate his Personal Account.

 

5.1.3. The User must communicate accurate, lawful and fair information to the Company, which in principle does not check or verify the veracity and accuracy of the information provided by the User.

 

He is committed to quickly updating his data in the event of any change.

The User understands that the delivery-related information recorded on his Personal Account will be used for the delivery of his Order. Therefore, he is invited to change this delivery address as soon as possible in the event of a change. Otherwise, the Company will not be held responsible for any defect or error in delivery.

When the User creates their Personal Account on the Site through the Facebook platform, the latter undertakes to verify the authenticity of their information on this platform.

 

5.1.4. The Company reserves the right to refuse the creation of a Personal Account if the registration is incomplete or does not comply with the terms and conditions provided herein.

 

The creation of a Personal Account and the resulting access to services is prohibited for minors and persons who do not have the capacity to contract, or who do not have the authorization of a guardian or of a curator.

 

5.1.5. The User can choose, when creating his / her Personal Account, to receive the Company’s Newsletter. To do this, the User checks the box “Receive our newsletter”. This subscription of the User to the Newsletter allows him to receive directly on his email address, promotional offers, to be informed about the news of the Company and the Products. To unsubscribe from the Newsletter, the User can send an email to the following address support@enovap.com or click on the “unsubscribe” link at the bottom of each Newsletter. The User can also subscribe to the Company’s Newsletter by entering, at the bottom of the Site, the field entitled “Subscribe”. If the email address provided is not valid, an error message informs the User to warn him that the email provided is not compliant.

 

5.1.6. The User’s Personal Account may be suspended and / or deleted by the Company in the cases and conditions referred to herein.

 

5.2. LOGIN TO PERSONAL ACCOUNT

 

5.2.1. Once the Personal Account has been created by the User on the Site, the User can authenticate on this Account from the Site or the Application.

 

5.2.2. The User can connect to his Personal Account, by entering his Connection Credentials on the Site’s connection interface.

 

The Connection Identifiers may be modified by the User via the “My Profile” section accessible on his Personal Account.

 

The User’s Login Credentials are strictly personal and may not, under penalty of seeing the Personal Account suspended or deleted by the Company, in any case be communicated or exploited by a third party.

 

In the event of loss of all or part of his Connection Identifiers, the User is invited to inform the Company without delay by email to the following address contact@enovap.com. In this case, the User will receive the steps to follow in order to find his or her lost Connection Identifiers.

 

In the event of theft by a third party of one of his Login Identifiers, the User undertakes to inform the Company without delay by email to the following address contact@enovap.com, specifying the stolen or lost data. The abusive use of this signaling option is likely to result in the responsibility of the person who abuses it, or the suspension and / or deletion of the User’s Personal Account.

 

5.2.3. By logging into his Personal Account, the User can access his profile and personal information, in particular in order to complete all or part of his information (for example, whether or not he still consumes cigarettes).

 

The Personal Account allows the User to add addresses (delivery address), choose the delivery or billing address, access the order history.

 

The User can also, by sending an email to the following address contact@enovap.com, send a message to the Company in order to notify a technical bug or to suggest the integration of an additional functionality in future versions. Notwithstanding the foregoing, the User is prohibited from sending the Company any unsolicited messages (commercial, promotional, etc.), unwanted emails, or not directly concerning his use of the Site or the Application, and of abuse this reporting facility.

 

5.2.4. The User can disconnect his Personal Account by clicking on the “Disconnect” button accessible on his profile.

 

 

5.3. SUSPENSION AND TERMINATION OF THE PERSONAL ACCOUNT

 

5.3.1. In the event of inappropriate behavior by the User and / or non-compliance with these TOS, payment incident, acts contrary to laws and regulations, the Company reserves the right to suspend or delete the User’s Personal Account, after information and notice of 15 (fifteen) days to remedy the breach.

 

5.3.2. In the event of suspension or deletion of the Personal Account, for any reason whatsoever, the User understands that he will no longer be able to benefit from the services offered by the Company.

In the event of suspension, the duration thereof is determined by the Company, motivated and indicated to the User, depending on the nature and seriousness of the actions of the User concerned.


6. FINANCIAL PROVISIONS

6.1. PRICE OF PRODUCTS

 

Prices are subject to the applicable VAT and any change in the legal VAT rate will be reflected in the price of the Products presented on the Site, on the date stipulated by the relevant implementing decree.

The Price of the Products displayed in the shopping cart is always indicated inclusive of all taxes. Delivery costs, including the cost of transport, must be added to the Price of the Products.

The amount of Delivery Costs is estimated based on the Products added to the basket as well as the country of the User, according to the country entered by the User in the delivery address as well as the delivery method chosen by the User.

The Price is indicated in euros (€) and payment is made in euros.

Customs duties and taxes will be borne by the User and are not included in the Price paid by the User to the Company.

The Price of the Products applicable to the Order is that presented on the Website at the time of the Order.

It is understood that the User who has created a Personal Account may benefit from reductions thanks to loyalty advantages acquired during his previous Orders. These loyalty benefits will be granted when placing an Order via his Personal Account and entered in the User’s Personal Account.

Depending on the number of Orders placed and the number of loyalty benefits acquired, the User may obtain a reduction on his Order, which will be indicated in the overall summary of the Order after validation of the basket.

 

6.2. PAYMENT METHODS

 

6.2.1. Payment for the Order and debit from the User’s bank account is made at the time of validation of the Order by the User.

At this stage, the User is redirected to the MONETICO secure payment platform, to proceed with the payment of the Order.

The Company uses the MONETICO electronic payment solution offered by the Crédit Mutuel Group for payments by bank card.

In the event of payment by credit card, the User is redirected to the MONETICO secure payment platform to proceed with the payment of the Order.

The MONETICO service is completely independent from the Site. All the terms and conditions related to payment via the MONETICO payment solution are governed by the documentation for this service available on the site https://www.monetico-paiement.fr/ that the User agrees to comply with.

The User understands and accepts that the Company is not responsible for the execution and operation of this payment solution.

 

6.2.2. Payment facilities

The User can choose, through the intermediary of the Company’s banking partners (CIC – COFIDIS), to pay for the Order in installments. The Company is in no way responsible for the performance of this service by the banking partner. She just puts her partner in touch with the User. The User wishing to use it must accept the general conditions of said partners, subject to acceptance of the User’s file by the partner.

The Company cannot be held responsible for the financing services provided to the User in this regard by third parties.

 

6.2.3. The Company guarantees the User that it never has access to confidential information relating to the means of payment used by the latter to pay for his Order.

This transaction is secured using an SSL encryption process in order to strengthen and optimize the protection of all personal data related to this means of payment through scrambling and encryption processes.

 

6.2.4. The User guarantees the Company that he has the necessary authorizations to use the chosen payment method and that he provides access to sufficient funds to cover all costs resulting from the payment of the Order.

The User guarantees the Company that he is fully authorized to use the selected payment method for the payment of his Order. The Company cannot be held responsible for any fraudulent use of the means of payment used for the payment of the Products by the User.

In the event of cancellation or refusal of payment, the transaction will be automatically canceled and the User will be informed of this cancellation by a redirection to a payment failure page which informs the User of the cancellation or refusal of payment on the Site.

The computerized registers, kept in the Company’s computer systems, under reasonable security conditions, will be considered as proof of all transactions and payments between the Parties.


7. DELIVERY

7.1. PLACE OF DELIVERY

 

The Products will be sent by the Company to the delivery address that the User will have provided prior to the validation of his Order and which will be the same as the billing address.

In the event of an error in the wording of the e-mail address or the contact details provided by the User, the Company cannot be held responsible for the inability to confirm the Order or to make delivery to the User.

 

7.2. SHIPPING COST

 

Delivery costs are indicated when filling in their information by the User when ordering.

The delivery costs are also indicated in the summary of the Order.

The delivery costs depend on the delivery area and the weight of the Order.

 

7.3. DELIVERY DELAY

 

The delivery date and address are indicated to the User at the time of the Order.

The Company undertakes that the Products will be delivered within a maximum of 10 (ten) working days from the Order validation email sent to the User by the Company.

 

7.4. DELIVERY COMPLETED

 

Each delivery is deemed to have been made upon receipt by the User (without signature) of the Product (s) ordered, receipt materialized by the shipping system used by the carrier (letter followed).

The User will receive at the time of delivery the Delivery Note attached to the Products delivered.

 

7.5. DELAYS IN DELIVERY

 

In the event of non-receipt of the package for reasons related to the recipient (incorrect or incomplete delivery address, non-recovery of the package from the carrier, missing mention on the letterbox, etc.), the package will be reshipped by the Company at the expense of the User and after full payment of these forwarding transport costs.

In the event of a sale outside France, the Company cannot be held responsible for a blockage by customs or other control body in the country of destination and no compensation can be requested from the Company in the event of seizure or blockage.

In the event of late delivery, either from 2 (two) weeks after the date of dispatch announced on the Site, the User can direct the Company by registered mail with acknowledgment of receipt to the address 2 rue Gustave Eiffel, 10430 ROSIERES PRES TROYES or by email to serviceclient@enovap.com to deliver the Products within a reasonable additional time (which may not be less than 8 (eight) days).

If the Company fails to perform at the end of this new period, the User may terminate the Order by informing the Company by registered mail with acknowledgment of receipt to the address 2 rue Gustave Eiffel, 10430 ROSIERES PRES TROYES or by email to serviceclient@enovap.com. The User’s Order is considered resolved upon receipt of this mail, unless it has been executed between the sending of the mail by the User and its receipt.

In the event of termination of the Order, the Company must reimburse it for all sums paid within 14 (fourteen) days of such termination, carried out under the conditions provided above.

The total reimbursement of the Product (s) and of the delivery or, where applicable, re-shipment costs, is then made by the Company.

Any denunciation not made in accordance with the rules defined above cannot be taken into account and will release the Company from all its responsibilities towards the User.

Likewise, reimbursement cannot be due if the Product was sent before the end of said period of 30 (thirty) days and the delay is not attributable to the Company.

The User acknowledges that the Company uses external service providers in charge of delivering the Products.

The delivery times and terms are therefore those used by the Company’s service providers.

The delivery times indicated to the User may be impacted by the service providers without the Company being responsible for these delivery delays and the consequences that could result from them.

The User acknowledges that in the event of a shortage of stock, the delivery period initially foreseen may exceptionally be extended, after informing and prior agreement of the User. Otherwise, the User may obtain reimbursement for the Product ordered.

 

7.6. LOAD OF RISK

 

The Company cannot be held liable in the event of non-compliance with the legislation of the country to which a Product is delivered; thus, the User should check whether the legislation of the State in which he wishes to be delivered allows the purchase of the Products sold by the Company. The User takes all responsibility in relation to the legislation of his country and of the country of delivery and the Company is not bound by any responsibility or commitment vis-à-vis the country of invoicing and delivery.

The risks are transferred to the acquiring User from the moment of taking physical possession of the Products.

The User is informed that the Company uses a carrier for the delivery of the Products, who is responsible for the risk associated with the transport. However, the regulations in force require that the Company be the sole interlocutor of the User. This is the reason why, in the event of non-compliance, loss or damage to the Product (s) due to transport, the User undertakes to contact the Company as soon as possible so that the latter can quickly make the required from the carrier.

 

The User is informed that the shipping times for the Products are announced subject to:

 

1) stocks available;

2) payment of the Order Price and Delivery Costs by the User;

3) the absence of suspicion by the Company of fraud or fraudulent act concerning the User.

 

7.7. VERIFICATION OF THE ORDER

 

It is up to the User upon receipt of the delivery to check the Products received to ensure their full compliance with the Order.

He has a period of 7 (seven) working days from receipt of delivery to check the conformity of the Products delivered to the Order and to the Delivery Note and to inform the Company of his reservations by telephone or email. The User may inform the Company of his reservations by returning the Delivery Note on which the User can make written reservations to the address 2 rue Gustave Eiffel, 10430 ROSIERES PRES TROYES or by e-mail to the address serviceclient @ enovap .com.

Upon receipt of the complaint, the Company will assign an exchange number for the Products concerned and will communicate it by email to the User. Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the Company from any liability vis-à-vis the User.

Any reservation not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the Company from any liability vis-à-vis the User.

 

7.8. DELIVERY INSURANCE

 

The Company is responsible for the transport provider it has chosen for this Product delivery service. The Company can in no way be held liable vis-à-vis any other carrier chosen by the User and other than those offered on its Website.


8. RIGHT OF WITHDRAWAL

8.1. In accordance with article L.221-5 and articles L.221-18 et seq. Of the Consumer Code, the User is informed that he has a period of 14 (fourteen) clear days to withdraw, without having to justify its decision, from the reception of the Product.

 

In accordance with Article L.221-19 of the Consumer Code:

 

– the day of receipt of the Product is not counted within the period of 14 (fourteen) days;

– the period begins to run at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period;

– if the deadline expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.

 

After this period, no withdrawal request will be processed by the Company.

The User will not have an obligation to justify the exercise of his right of withdrawal nor is he required to pay penalties in this regard.

The User who exercises his right of withdrawal must complete the withdrawal form available in the appendix to the TOS. The User may also decide to inform the Company of his decision to withdraw by sending a declaration, unambiguous, expressing his desire to withdraw, by mail to the following address: (postal mail to the address 2 rue Gustave Eiffel, 10430 ROSIERES PRES TROYES or email to contact@enovap.com).

The content of the notification of withdrawal could be as follows: “To the attention of the ENOVAP Company: I hereby notify you of my withdrawal from the contract relating to the Product [to be completed] ordered on [to be completed] on the site internet ENOVAP.COM, in the name of [to be completed], at the address [to be completed]. Signature and date ”.

In addition, the Product must be returned complete within the following 14 (fourteen) days, in perfect condition and in its original packaging, accompanied by the Delivery Note, the Purchase Order and the accompanying declaration or withdrawal form. at the following address: 2 rue Gustave Eiffel, 10430 ROSIERES PRES TROYES

This right of withdrawal will not apply if the Products are not returned intact and in their original seal (if sold under seal) and that they bear the mark of an alteration and are not in any case in a use allowing their resale to consumers. The Company reserves the right to mandate a laboratory to verify the authenticity of the returned Products under the right of withdrawal.

For information, it is recalled that article L221-28 of the Consumer Code provides that: “The right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer’s specifications or clearly personalized” as well as for “contracts for 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”.

 

8.2. Under these conditions, the Company undertakes to reimburse the User for the Price of the Order and the Delivery Costs.

However, the Company will not be required to reimburse the additional delivery costs once the User has expressly chosen a more expensive delivery method than the standard delivery method offered during the transaction.

In accordance with Article L.221-23 of the Consumer Code, the return costs will remain the responsibility of the User or the recipient of the Order if it is the latter who exercises the right of withdrawal.

The reimbursement is made within a maximum period of 14 (fourteen) working days from receipt of the Product.

The refund will be made using the same means of payment as that used by the User during the initial transaction, unless the User expressly agrees that another means of payment is used insofar as the refund does not result in no additional costs.

Any withdrawal that is not carried out in accordance with the above provisions cannot be taken into account and will release the Company from any liability vis-à-vis the User.

The burden of proof of the exercise of the right of withdrawal under the conditions provided for by law falls on the consumer.


9. RETURN POLICY

In addition to the possibility for the User to exercise his right of withdrawal, the Company offers the consumer User the option to return the following Products within 7 (seven) calendar days from their receipt of the following Products: Enovap vaporizers Full Black or Silver already used and purchased online via the Site, excluding any consumable or accessory supplied concomitantly in the event of acquisition of the Vaporizer within an Enovap Silver Pack or Enovap Black Pack.

 

The Vaporizer must necessarily be returned in its original packaging, at the expense of the consumer User, accompanied by the return slip indicating the bank details of the consumer User, otherwise any refund will be excluded.

 

If applicable, the Company will reimburse the part of the returned Vaporizers under the following conditions:

 

– In the event of purchase by the User of a Vaporizer alone, the Company will reimburse the User up to 80% (EIGHTY PERCENT) of the price including VAT of the Vaporizer on the day of purchase;

– If the User purchases a Vaporizer within a Pack, the Company will reimburse the User up to € 68 (SIXTY-EIGHT) for an Enovap Full Black Vaporizer or 76 (SIXTY-SIXTEEN) € for an Enovap Silver Vaporizer.

 

The Company will reimburse by bank transfer to the account provided in the return slip within 10 working days.


10. ELECTRONIC SIGNATURE

In accordance with the provisions of articles 1316 et seq. Of the Civil Code, the online supply of the User’s bank card number and the final validation of his Order constitute proof of his agreement, of the exigibility of the sums due under the Order, signature and express acceptance of all operations carried out.

 

This article is also applicable to the acceptance of these TOS and the summary of the contract entered into between the Company and the User at the time of purchase.

 

The User is informed in this regard that the logs he uses will be kept by the Company, in compliance with the provisions of Article 16 relating to the processing of Personal Data.


11. PROOF OF THE TRANSACTION

Unless proven otherwise, the data recorded by the Company during this Order constitutes proof of all transactions made by the Company and the User or between Users directly.

 

All communications, orders and payments between the User and the Company can be proven through computerized registers, kept in the Company’s computer systems under reasonable security conditions.

 

Information relating to Orders and invoices will be archived on a reliable and durable medium considered, in particular, as a means of proof.

 

The User will be able to access all of his invoices from his Personal Account.


12. CONFORMITY AND GUARANTEES

The Products offered for sale on the Website comply with the regulations in force in France.

 

In accordance with the provisions of the Consumer Code, the Products sold on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 et seq. Of the Consumer Code) and the guarantee of defects. hidden (articles 1641 and following of the Civil Code), in particular allowing the User to return defective and non-compliant Products free of charge.

 

12.1. LEGAL PROVISIONS ON SALES LAW

 

12.1.1. Provisions of the Consumer Code

 

Article L217-4 of the Consumer Code

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. “

 

Article L217-5 of the Consumer Code

“The good is in accordance with the contract:

1 ° If it is suitable for the use usually expected of a similar good and, if applicable:

• if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. “

 

Article L217-6 of the Consumer Code

“The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not in a position to know them. “

 

Article L217-7 of the Consumer Code

“The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For second-hand goods sold, this period is set at six months.

The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. “

 

Article L217-8 of the Consumer Code

“The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied. “

 

Article L217-9 of the Consumer Code

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the good.

However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. “

 

Article L217-10 of the Consumer Code

“If the repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.

The same faculty is open to him:

1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;

2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use which it seeks.

The resolution of the sale cannot however be pronounced if the lack of conformity is minor. “

 

Article L217-11 of the Consumer Code

“The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. “

 

Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity lapses two years after delivery of the goods. “

 

12.1.2. Provisions of the Civil Code

 

Article 1641 of the Civil Code

“The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them. “

 

Article 1642 of the Civil Code

“The seller is not liable for apparent defects of which the buyer has been able to convince himself. “

 

Article 1643 of the Civil Code

“He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee. “

 

Article 1644 of the Civil Code

“In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price returned, or keeping the item and having part of the price returned. “

 

Article 1645 of the Civil Code

“If the seller knew of the defects in the thing, he is liable, in addition to the restitution of the price he received, for all damages towards the buyer. “

 

Article 1646 of the Civil Code

“If the seller was unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. “

 

Article 1647 of the Civil Code

“If the thing which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and other compensation explained in the two preceding Articles. But the loss occurring by accident will be for the account of the buyer. “

 

Article 1648 of the Civil Code

“The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity. “

 

12.2. CONFORMITY GUARANTEE

 

The Company guarantees that the Products comply with the intended use, as defined and under the conditions of articles L. 217-4 to L. 217-12 of the Consumer Code mentioned above in article 12.1.

 

In case of non-compliance of the Product with the essential qualities described on the Site, the User will have the choice:

 

(i) either to request the replacement of the Product by a similar Product;

(ii) or, in the event of an impossible replacement, to return the Product and have the Price returned;

(iii) or, in the event of an impossible replacement, to keep the Product and have part of the Price returned.

 

When acting as a legal guarantee of conformity, the User:

 

– Benefit from a period of two years from the delivery of the property to act;

– Is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following delivery of the good, except for second-hand goods.

 

In this case, we thank you for contacting our customer service immediately upon receipt at serviceclient@enovap.com to explain the reason for the non-compliance of the order and to confirm to us in detail and in writing the defects observed. . The shipping costs will be reimbursed to you on the basis of the invoiced price and the return costs will be reimbursed to you on presentation of the supporting documents.

 

12.3. GUARANTEE OF HIDDEN DEFECTS

 

The Company guarantees that the Products do not have defects or hidden defects making them dangerous or unfit for their normal use, as defined and under the conditions of Articles 1641 to 1648 of the Civil Code referred to above in Article 12.1.

The User may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, he must act within two years from the discovery of the defect.

 

In the event of a Product showing hidden defects, the User will have the choice:

 

(i) either to return the Product and have the price returned,

(ii) either to keep the Product and to have part of the price returned.

 

12.4. In any case, products modified, repaired, integrated or added by the User are excluded from warranty. The warranty does not cover apparent defects.

All complaints, exchange requests, duly justified in the event of the implementation of the two above-mentioned guarantees, must be made by email or by post.


13. GENERAL BEHAVIOR OF USERS

13.1. The User must be over 18 years old.

 

In case of doubt about the majority of the User, the Company reserves the right to refuse validation of the Order or to immediately and without notice suspend the Personal Account of the User concerned.

 

When placing an Order, the User refrains from creating an Account and adhering to these TOS, as well as subsequently from using the services made available to him on the Site and / or Application, at:

 

– Communicate incorrect or false information for registration,

– Indicate any sensitive information of racial or ethnic origin or bearing on political, philosophical or religious opinions, on membership of a trade union, on sexual life or health, contrary to good morals and the law,

– cause harassment of third parties or call on third parties to engage in harassment,

– incite hatred, discrimination, racism, fanaticism and physical violence against individuals or groups of individuals,

– represent scenes of pornography, pedophilia, or any other offensive subject or containing a link with a Website reserved for adults,

– represent or advocate illegal activities or behavior of a defamatory, abusive, obscene, threatening or slanderous nature as well as false or misleading information,

– offer an illegal or unauthorized copy of works protected by copyright, patents or trademarks,

– to induce, provoke or promote the transmission of e-mails, chain e-mails, unsolicited mass mailings, instant messages, unwanted advertising messages or unsolicited e-mails,

– to promote or encourage any activity or criminal enterprise or giving indications or instructions on how to promote illegal activities, invasion of privacy, the dissemination and creation of computer viruses,

– distribute, reproduce, publish or modify in any way the elements protected by copyright, trademarks or any property rights belonging to third parties without their prior consent.

 

In the event of a violation or violation of these rules, the Company reserves the right to delete these disputed messages without notice, and to prevent the User’s access to the services and his Personal Account.

The User must ensure that all information communicated subsequently remains correct and refrains from creating or using the Website, unless authorized, other Personal Accounts than his own under his own identity and / or that of a third party, being reminded that any identity theft is liable to prosecution and criminal penalties.

The User is reminded that article 226-4-1 of the Penal Code punishes with one year’s imprisonment and a fine of € 15,000 for usurping the identity of a third party or using one or more data of any kind allowing him to be identified with a view to disturbing his peace or that of others, or to undermine his honor or his consideration.

Any breach of this commitment may result in the immediate suspension without notice of the Accounts of the User concerned.

In the event that he is aware of a usurpation of their identifiers by a third party having accessed his User Account, the User undertakes to inform the administration team of the Website by e-mail at the address contact @ enovap.com.

In general, the User undertakes to respect the principles listed in these TOS and to respect other Users of the services. In the event of a violation of these provisions, or of repeated behavior detrimental to other Users, the Company will be free to terminate the User’s membership of the services at any time and without notice.

 

13.2. The User is solely responsible for the use made of his Personal Account as well as for the protection of his usernames and passwords. Any identity theft, loss, misappropriation or unauthorized use of the identifiers and / or Personal Account of a User and their consequences, are the sole responsibility of that User. In all the cases mentioned above, the User is required to inform the Company, without delay, by electronic message, specifying his name, first names, postal code, city, date of birth, telephone, the electronic address used. for his Personal Account and if possible his old password, at the following address: contact@enovap.com, to allow the Company to take measures to remedy the situation, and in particular to cancel and / or the immediate update (s) of the identifier concerned and / or the password concerned. The misuse of this signaling facility is likely to result in the liability of the person who abuses it.

 

13.3. The User agrees not to attempt to undermine the functioning of the Website or the Company.

The Company cannot be held responsible for any incompatibility, malfunction or other technical problems relating to the User’s computer equipment, except in the event of fault attributable to the Company.

The User is responsible for protecting his IT equipment against any risk of contamination by viruses, attempted intrusion, etc.

 

13.4. In general, the User undertakes to behave in a fair manner vis-à-vis the Company.

By accepting these TOS, the User guarantees that he has all the necessary authorizations to place an order on the Website. Otherwise, the responsibility of the Company can in no case be engaged in this respect.

 

13.5. The User agrees to place an Order for his personal use. In the event of an abnormally high Order of Products for strictly personal use, the Company may block the Order and request explanations from the User. In the event of silence or an unsatisfactory response from the User, the Company is free to cancel the Order. In this case, the full price unduly received will be returned to the User.

In the event of knowledge of a manifestly unlawful act of a User and / or in the event of a violation of the stipulations of these TOS and / or of any legal or regulatory obligations, the Company may, after information and discussions with the User, delete, suspend or postpone any Order concerned and / or suspend or terminate the User’s Personal Account and refuse him access, temporarily or permanently, to all or part of the Website and the Application.


14. TECHNICAL PROVISION

The User declares to accept the characteristics and limitations of the Internet and IT and in particular recognizes:

 

• that he is aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring information;

• that the communication by the User of personal identification elements or in general of any information deemed by the User to be confidential is made under his own responsibility;

• that it is up to the User to take all necessary measures to ensure that the technical characteristics of his smartphone or computer allow him to consult the information;

• that it is up to the User to take all appropriate measures to protect their own data and / or software from contamination by any viruses circulating through the Website.

 

The Company does not act as an Internet service provider. As such, the Company cannot guarantee the quality of the Internet connection, nor the absence of interruptions specific to the network.

As a result, the Company cannot be held liable for all the inconveniences or damages inherent in the use of the Internet network, in particular a disruption of service, an external intrusion or the presence of computer viruses.

The Website is provided as is and to the extent of availability.

The Company is not bound by any obligation of personalized assistance, in particular technical assistance.

The Company disclaims any express or implied warranty, in particular concerning the quality and compatibility of the Website for the use that the User will make of it.


15. INTELLECTUAL PROPERTY

15.1. “ENOVAP” is a registered and protected trademark in France and abroad, which remains the exclusive property of the Company.

The Company is the exclusive owner of the intellectual property rights on the Website and in particular all texts, comments, works, illustrations, videos and images, whether visual or audio, reproduced on the Website as well as its databases of which it is the producer.

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) relating to the Website are also protected by all intellectual property rights. or database producer rights in force, of which the Company is the sole owner or holder of the rights. All disassembly, decompilation, decryption, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Company are strictly prohibited. .

All these intellectual creations are protected under copyright, trademark law, patent law, sui generis database right and image rights, for the whole world.

These creations are the full and entire property of the Company.

Any reproduction or representation, total or partial, of the Website or its components, such as logos, graphic charter, layout, information, presentation and content of the Website, without this list being exhaustive, is prohibited.

 

15.2. Browsing the Website, such as placing an Order or creating a Personal Account, does not imply any transfer of intellectual property rights for the benefit of the User.

The Company only grants the User a right of access and consultation of the Website, under the terms and conditions provided for in these TOS.

The Company grants the User a license allowing them to reproduce and display the contents of the Website, but only and strictly for their personal use in the context of viewing the Website and placing an Order.

However, this license excludes the right of the User to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or assign the rights to any content appearing on and through the Website.

As such and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of this code is authorized.

Any other use constitutes an infringement and is sanctioned under Intellectual Property without prior authorization from the Company.

As a reminder, the fact of affixing a hypertext link to the Website, using the technique known as “framing” or “deep-linking”, is strictly prohibited.

Any form of total or partial copying, aspiration and reproduction of the database produced and used by the Company on the Website is strictly prohibited without its prior written consent.

 

15.3. The Website may contain hypertext links and / or hyperlinks to sites published and hosted from third-party servers, and in particular concerning banner advertising, the control of which is in no way ensured by the Company and over which no control has been made. can be exercised.

As such, the Company declines all responsibility for the legal consequences associated with accessing these sites from the Website.

 

15.4. Likewise, the Company cannot technically be able to prevent any website from containing hypertext links and / or hyperlinks, referring to the website it publishes.

As such, the Company declines all responsibility for the legal consequences related to access to its Website via other websites over which it has no control or effect.

The use of hypertext links and / or hyperlinks pointing to the Website is authorized by the Company within the strict framework of the promotion of the Website and the services of the Company but on the decisive condition that the integrity of the Website is preserved and that there is no risk of confusion between the Website and the sites published by third parties.

In this perspective, the Company formally prohibits any User from using so-called “framing”, “inline linking” and “deep-linking” techniques relating to the unauthorized servile reproduction of the content of the Website and its integration on web pages edited by third parties.


16. INFORMATION TECHNOLOGY AND FREEDOMS - PERSONAL DATA

The Company ensures respect for the privacy and data of the Website User. It undertakes that the information collected through the Site will be processed in accordance with applicable laws and regulations.

 

All information relating to the collection and processing of the User’s personal data by the Company, as well as the use of cookies on the Website is available in the Personal Data Charter accessible at the address https://www.enovap.com/en/personal-data.

 

The User can also contact the person in charge of this subject within the Company, by email at support@enovap.com.

 

17. CORRESPONDENCE - PROOF

Unless otherwise provided in these TOS, correspondence between the parties is handled by email.

 

Pursuant to articles 1365 et seq. Of the Civil Code and, where applicable, the parties declare that the information delivered by e-mail is authentic between the parties as long as no contradictorily authenticated and signed writing calling into question this computerized information, does not is produced.

 

Elements such as the time of reception or transmission, as well as the quality of the data received will prevail as a priority as appearing on the Company’s information systems or as authenticated by the Company’s computerized procedures. except to provide written proof to the contrary by the User and / or the Company.


18. FORCE MAJEURE - RESPONSIBILITY

18.1. The Company’s liability under the obligations of these TOS cannot be engaged in the event that the non-performance of its obligations is attributable to a third party, even if it is foreseeable, to the fault of the User, or upon the occurrence of an event of force majeure as defined by French courts and article 1218 of the Civil Code, or any other event which was not reasonably under the exclusive control of the Company.

 

18.2. Any event outside the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and therefore suspends the obligations of the parties, such as, for example, without this list being exhaustive: a social movement or a technical failure (EDF, ERDF, telecommunications operators, Internet or hosting providers, Registrars, etc.), an interruption in the supply of energy (such as electricity), an epidemic, a pandemic, a failure of the electronic communication network on which the Company depends and / or of the networks that would replace it.

The Company cannot be held liable, or considered to have failed in its obligations provided for in these TOS, for any non-performance related to a case of force majeure as defined by French law and case law, provided that it does so. notify the other party on the one hand, and that it does its utmost to minimize the damage and perform its obligations as quickly as possible after termination of the force majeure on the other hand.

 

18.3. The Company is only liable for direct damage caused to the User and which is exclusively attributable to him.

 

18.4. The contents and Products available on the Website comply with the French regulations in force.

The Company cannot be held liable in the event of non-compliance with the legislation of another country from which the Products were purchased by the User, unless otherwise required.

 

18.5. The User is fully responsible for the use he makes of the Products.

The User agrees to use the Products in accordance with their destinations and the instructions communicated by the Company by any means.

As such, the User declares to have all the information necessary for a compliant and secure use of the Products.

For any questions relating to the compliant and secure use of the Products, the User is invited to contact the Company at the following address: contact@enovap.com.

The Company cannot be held responsible for any damage of any kind whatsoever suffered by the User or any third party due to improper use of a Product.


19. UPDATE OF TERMS

19.1. These TOS may be modified at any time on the initiative of the Company.

Any modification of these TOS as well as of the documents referred to therein will be communicated to the User when they use the Site for the first time after this modification.

 

19.2. The Company is free to modify these TOS at any time, in particular to take into account any legal, jurisprudential and / or technical development. The Company will inform the User by any means as soon as possible, who will have to accept the new TOS. Otherwise, the User will not be able to access the Website.

In any event, the fact that the User continues to use the Website after being informed of the modification of the TOS entails acceptance of the modifications thereof by the User.

Thus, the User is advised to regularly consult the TOS available at the address [to be completed]. The User can download and print the TOS in order to keep a copy. The successive versions of the TOS will be accessible from the Website.

The prevailing version of the TOS is the latest version available on the Website.

 

19.3. The version applicable to an Order is the one in force on the date of placing the latter.

Each new Order requires acceptance of the TOS by the User, which the latter recognizes and accepts.


20. COMPLETENESS

The provisions of these TOS express the entire agreement between the User and the Company. They prevail over any proposal, exchange of letters prior to and subsequent to the conclusion hereof, as well as any other provision appearing in the documents exchanged between the parties and relating to the subject of the TOS, unless an amendment duly signed by the representatives of the two parts.


21. NULLITY

If one or more provisions of these TOS are held to be invalid or declared as such in application of a law, a regulation or following a decision which has become final of a competent court, the other provisions of these TOS will keep all their strength and reach.

 

If applicable, the Company undertakes to immediately remove and replace said clause with a legally valid clause.


22. TITLE

In case of difficulty of interpretation between the title of any of the articles and any of the clauses, the titles will be deemed unwritten.


23. ATTRIBUTION OF JURISDICTION - APPLICABLE LAW

23.1. These TOS are governed by French law regardless of the User’s place of residence, unless otherwise required.

 

23.2. In the event of a dispute relating to an Order, the User is invited to contact the Company as a priority, in order to find an amicable solution, by email at contact@enovap.com.

More generally, in the event of a question relating to the Order or these TOS, the User may contact the Company at contact@enovap.com.

In the event that no amicable solution can be found, the User can appeal to (to be completed), of which the Company is a member, in the year following the last action of the User with the Company. For more information, the User can go to the site accessible at the address (to be completed).

Referral to the mediator can only take place after the User has made prior written representations to the Company.

In addition, in accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals from the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

 

23.3. In the absence of an amicable outcome and whatever the origin of the conflict, disputes relating to the execution or interpretation of these TOS will be submitted to the competent courts, in accordance with the legal and regulatory provisions in force, and in particular article R.631-3 of the Consumer Code and article 46 of the Code of Civil Procedure.

For all practical purposes, it is specified that the deadlines for taking legal action are not interrupted during the period during which an amicable solution is sought or mediation is requested.


APPENDIX - RETRACTATION FORM

For the attention of Enovap SAS, 212 rue Saint-Maur, 75010 Paris; Email: serviceclient@enovap.com:

 

I / we (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the goods (*) / for the provision of services (*) below:

 

Ordered on (*) / received on (*):

 

Name of the consumer (s):

 

Address of the consumer (s):

 

Signature of the consumer (s) (only in case of notification of this paper form):

 

Date:

 

(*) Delete the mention useless.

logo enovap cigarette electronique francaise

Enovap mission is to eliminate cigarettes. Enovap products are intended for adult smokers who want to switch from combustible cigarettes. You must be at least 21 years old to purchase products on enovap.com.

Please select the country you reside in

Not suitable for people with cardiovascular problems and pregnant women. Nicotine is highly addictive, don't start. Products prohibited to minors, by entering this site, you confirm that you are of legal age.

;