TERMS OF SALES

PREAMBLE

WE INVITE THE USER TO READ CAREFULLY THE TERMS AND CONDITIONS OF SALE BEFORE USING THE SERVICES OFFERED ON WWW.ENOVAP.COM.

THE PRESENT TERMS AND CONDITIONS OF SALE DEFINE THE CONDITIONS AND LEGAL OBLIGATIONS RELATING TO THE PURCHASE OF PRODUCTS AND THE SUBSCRIPTION OF THE SERVICES FROM THE WEB SITE ACCESSIBLE TO THE ADDRESS WWW.ENOVAP.COM OFFERED BY THE COMPANY ENOVAP SAS.

ANY USE AND / OR USE OF THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY ENOVAP SAS TO USERS INVOLVE ACCEPTANCE WITHOUT RESERVE OF THESE TERMS AND CONDITIONS OF SALE. THE ONLY USE OF THESE SERVICES INVOLVES THE PURE AND SIMPLE ACCEPTANCE OF THESE TERMS OF SALE, WHICH THE USER OF THE WEBSITE DECLARES AND RECOGNIZES EXPRESSLY.

USE OF THE SERVICES ON THE WEB SITE IS EXCLUSIVELY RESERVED FOR PERSONS CAPABLE OF SUBSCRIBING CONTRACTS IN FRENCH LAW.

1. LEGAL INFORMATION

This website www.enovap.com (the "Website") is published by the company ENOVAP, Société par Actions Simplifiée with a capital of 18.622,00 Euros, whose head office is located Technopole de l'Aube, 2 rue Gustave Eiffel 10430 ROSIERES PRES TROYES, registered in the Trade and Companies Register of Troyes under the number 814 824 074, and whose intracommunity VAT number is FR66814824074 ("ENOVAP").

To contact us: contact@enovap.com

Publisher of the Website: The ENOVAP company whose head office is located and whose SIREN number is 814 824 074 is the publisher and operator of the website accessible at www.enovap.com, which constitutes a site merchant selling electronic cigarettes, accessories and consumables (hereinafter the "Company").

CNIL declaration: 1870158V0

Website Host: OVH

2. DEFINITIONS

❖ "Order form": summary document of the Products ordered by the User on the Website, which sets out the Products ordered, the Product Price and the Shipping Costs. The Purchase Order is generated on the Website at the end of the Order.

❖ "Delivery note": document summarizing the terms of delivery of the Products to the address indicated by the User and on which the User may make written reservations to transmit to the Company or justify the complete refusal of the Products delivered.

❖ "Order": means the purchase by the User of Products offered for sale on the Website.

❖ "Delivery costs": amount of the delivery of the Products to the address indicated by the User, independent of the Price of the Products and which is mentioned on the Website before the validation of the Order. Delivery costs 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.

❖ "Retraction Form": document allowing the User to exercise their legal right of withdrawal, a model of which is annexed to these General Conditions of Sale.

❖ "Price": price of Products that the User agrees to pay directly via the Website when Ordering the Products they have selected. The price of each product is indicated inclusive of all taxes and does not include delivery costs.

The User is informed that the Product Price may change over time at the discretion of the Company. The Company does not undertake that the Product Price will not be modified.

❖ "Products": all products (electronic cigarettes and accessories) offered for sale by the Company on the Website.

❖ "Services": set of services for marketing the Products on the Website provided by the Company to Users.

❖ "Site" or "Website": Website accessible at 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": any person holding a User Account, in order to benefit from the Services provided by the Company and to proceed with the purchase of Products on the Website.

3. PURPOSE - ACCEPTANCE - VALIDATION

These Terms and Conditions govern exclusively your relationship with ENOVAP. ENOVAP reserves the right to modify the General Conditions at any time. They will then be applicable as soon as they are posted online.

These General Conditions of Sale (hereinafter referred to as the "GTC") are intended to define exclusively the conditions of sale of the Products on the Site.

As soon as they tick the box "I have read and accept the terms and conditions of sale and I adhere to it without reservation", prior to the completion of an Order, the User expressly acknowledges having read this GSC and the various documents to which they refer and accept them without reserve.

The Order through this site implies an unconditional acceptance by the User of these GTCS which prevail over any other general or special conditions not expressly approved by the Company.

4. VALIDITY OF TERMS OF SALES - ENTRY INTO FORCE - DURATION

These Terms and Conditions are applicable throughout the duration of navigation and access of the User to the Website, for the duration of use of the Services of the Company by the User.

It is specified that the User can save or print the present GTC, provided however not to modify them.

The version of the GTCS available online on the Website shall prevail, as the case may be, on any other version of this document, with the exception of the modifications which would have occurred after the purchase of a Product or a use of the Services and this, in accordance with common law.

These TOS have been updated on 28/05/2018. Subsequent changes to these Terms and Conditions will be binding on the User as soon as they are posted online.

These T & Cs apply, as necessary, to any declination or extension of the Website on existing and future social and / or community networks.

The User is informed that the GSC may be subject at any time to an update under the conditions of Article 19 hereof.

5. REGISTER FOR THE NEWSLETTER
5.1. INFORMATION PROVIDED BY THE USER
5.1.1. The data collected during the creation of the subscription to the Newsletter

To register for the newsletter, the User must provide on the Website the following information:

  • Email address (required)
  • First name (optional)
  • Last name (optional and can be filled only at the initiative of the User after they has registered)

If the User specifies that he is a professional (by clicking on the link "You are a professional ?"), The User must provide on the Website the following information:

  • Type of professional : "Reviewer", "Distributor" ou "Shop" (required)
  • Email address (required)
  • Name (required)
  • Company name (required if the selected type is "Distributor" or "Shop")
  • Channel URL (required if the selected type is "Reviewer")

At the click on the button "register" an email is sent to the User to confirm their registration.

If the email address provided is not valid, an error message informs the User to inform them that the completed email does not comply.

If all the fields are correctly filled in, the User receives an email confirming their subscription to the Newsletter and sends them a copy of the information submitted to the Company: the email address, the firstname if it has been entered, the lastname if it has been filled in, the name of a company if it has been informed or the channel URL if it has been entered.

5.1.2. The data collected from the contact form of the Company:
  • First name of the user
  • User's last name
  • User's message
  • Phone number of the user (optional)
5.1.3. The data collected from the Order form:
  • Firstame
  • Lastname
  • E-mail adress
  • Default billing and delivery address
  • Date and time of the Order
  • Indication of the actual payment of the Order
  • Comment about the payment in case of refusal, from the Paybox payment provider (eg "Operation without 3DSecure.Blocked by filter.")
  • Details about the Order (references and quantities of products ordered)
  • Indication of the actual sending of the Order
  • Indication of receipt of the Order
  • Parcel tracking number
  • Information about the payment (Total TTC, currency used)
5.1.4. The data collected from the comments module:
  • Firstame
  • Lastname
  • Rating (from 1 to 5 stars) of the Product commented
  • Comment
  • Date and time of the comment
5.2. THE DATA STORED BY THE COMPANY
  • Email address of the User,
  • First name of the User if they has been informed,
  • Last name of the User ifthey has been informed,
  • Name if it has been entered,
  • Date and time of registration
  • Date and time of the update of its information,
  • Language (if detected),
  • Favorite email client,
  • Favorite email format,
  • Dates and opening hours of the newsletter sent
5.3. RIGHT OF ACCESS, MODIFICATION AND DELETION OF PERSONAL DATA

The User has a right to access, modify, rectify and delete data concerning themselves, detailed in article 16.2 hereof.

6. HOW TO ORDER PRODUCTS

The stages of the purchase of the Products by the User are described in this article.

6.1. PRODUCT SELECTION - SHOPPING BASKET

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

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

For each Product is displayed:

  • Product image
  • Its "type" attribute
  • Product title
  • The nicotine concentration of the e-liquid
  • Product unit price TTC
  • Product quantity (modifiable via an "input" field)
  • TTC subtotal (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 their shopping cart, the User is redirected to a page allowing them to enter their personal information.

A global summary insert details:

  • Total TTC
  • VAT
  • If outside France (note: any customs fees are not taken into account)

The Company reserves the right to refuse orders if the quantity is too high in relation to its production capacity. This precaution is intended to maintain the highest possible level of quality requirement of the products' achievements and to resort only to professionals of the manufacture of the products in question for the realization of the orders.

Product offers are valid only 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 to offer them the opportunity to modify their order or to request cancellation. Without an answer from the User, the order will be automatically canceled and a full refund will be made.

6.2. INDICATION OF ACCEPTED PAYMENT METHODS

The Order page then shows the accepted payment methods.

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

All provisions relating to the payment methods of the Order are detailed in Article 7.2 of these Terms.

6.3. ORDER AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE

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 the validation of your order.

The User will place an order in accordance with the instructions given on the site www.enovap.com and undertakes to fill out the 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 their registration form and when placing an order.

Before clicking on "ACCESS PAYMENT", the User must have read and accepted in advance these Terms, by checking the box "I have read and accept the terms and conditions of sale and I adhere to it without reservation".

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

Once this box is ticked, the User declares to accept fully and without reserve the entirety of the present General Conditions of Sale.

The User must also declare having the capacity to conclude the present contract by ticking the box "I acknowledge being 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 curatorship and to be authorized by the legislation of their country to buy products containing nicotine.

6.4. PAYMENT OF ORDER

The User is then redirected to the payment page of the secure platform Paybox, to proceed to the payment of the Order, the terms of which are set in Article 7.2.1 below.

6.5. 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 resulting in particular from the non-respect by the User of the obligations subscribed under these General Terms and Conditions of Sale, in particular with respect to any incident of payment of the price of an Order, likely to result in the suspension of access to the Site, without prejudice to any damages that may be requested by the Company.

The Order will only be considered firm and definitive once it has been confirmed by the Company to the User by sending an email to the email address they have previously entered.

Once the Order has been validated, it is the subject of a summary listing the following elements:

  • Order number
  • The summary of the Order
  • The date of Order
  • Delivery method
  • Payment method

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

  • Order number
  • The date of shipment of the Order
  • The summary of the Order
  • The delivery address
  • Delivery method
  • The tracking number with a link to the laposte.fr website
7. FINANCIAL PROVISIONS
7.1. PRICES OF PRODUCTS

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

The Product Price displayed in the shopping cart is always shown inclusive of all taxes. Must be added to the Product Price Shipping Costs, including the cost of transportation.

The amount of the delivery costs is estimated according to 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.

The price is indicated in euros (€) and the 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.

7.2. PAYMENT METHODS
7.2.1. The payment of the Order and the debit of the User's bank account is made at the time of the validation of the Order by the User.

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

By using the Paybox electronic payment system, the User accepts unconditionally the Paybox Terms of Use, accessible at the following address:

http://www1.paybox.com/nos-produits-et-services/conditions-generales-de-vente/

7.2.2. The Company guarantees that the User never has access to confidential information relating to the payment method used by the User to pay for the Order.

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

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

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

The computerized records, stored in the Company's computer systems, under reasonable security conditions, will be considered as evidence of all transactions and payments between the Parties.

8. DELIVERY
8.1. PLACE OF DELIVERY

The Products will be sent by the Company to the delivery address that the User has entered prior to the validation of their 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 coordinates provided by the User, the Company cannot be held responsible for the impossibility of confirming the Order or making the delivery to the User.

8.2. SHIPPING COST

Delivery charges are indicated when the User enters the information on the Order.

Delivery costs are also indicated in the order summary.

Delivery costs depending on the delivery area and the weight of the order.

8.3. DELIVERY DELAY

Shipments are made as soon as possible, from the payment of the order, and in the order of arrival of payments. The Company makes every effort to ship orders, according to the deadline posted on the site www.enovap.com and it cannot be held liable for damage resulting from a delay in shipping or delivery.

8.4. DELIVERY COMPLETED

Each delivery is deemed made upon receipt by the User (without signature) of the ordered Products, receipt materialized by the sending system used by the carrier (letter followed).

8.5. DELAYS OF DELIVERY

In case of non-receipt of the package for reasons related to the recipient (wrong or incomplete delivery address, non-recovery of the package from the carrier, missing mention on the mailbox etc.), the package will be redirected by the Company at the expense of the User and after full payment of these re-shipping costs.

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

In case of late delivery, or from 2 weeks after the date of shipment announced on the Site, the User may enjoin the Company by registered mail with acknowledgment of receipt at 2 rue Gustave Eiffel, 10430 ROSIERES PRES TROYES or by email at serviceclient@enovap.com to deliver the Products within a reasonable additional time (which cannot be less than 8 (EIGHT) days).

If the Company does not execute this new deadline, the User may terminate the Order by informing the Company by registered mail with acknowledgment of receipt at the address 2 rue Gustave Eiffel, 10430 ROSIERES PRES TROYES or by e-mail to serviceclient@enovap.com. The User's Order is considered resolved from the receipt of this mail, unless it has been executed between the sending of mail by the User and its receipt.

In the event of termination of the Order, the Company shall refund all amounts paid within 14 (FOURTEEN) days of such termination, made under the conditions provided above.

The total reimbursement of the Product (s) and the delivery costs or, if applicable, of forwarding, is then made by the Company.

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

In the same way, the refund cannot be due if the Product has been sent before the end of the 30 (THIRTY) day period and the delay is not attributable to the Company.

The Company cannot be held responsible for the consequences of late delivery. Shipping times are only indicative. Therefore, in case of non-compliance with these deadlines, the buyer will in no case be entitled to claim the payment of damages to the Company.

8.6. RISK CHARGE

The responsibility of the Company cannot be held liable in case of non-compliance with the legislation of the country to which a product is delivered; thus, it is appropriate for the User to check if the legislation of the State in which they wish to be delivered authorizes the purchase of the products sold by the Company. The User takes all responsibility in relation to the legislation of their country and the country of delivery and the Company is not liable for any liability and commitment to the country of invoicing and delivery.

The risks are transferred to the Purchaser User as of the taking of physical possession of the Products.

The User is informed that the Company uses a carrier for the routing of the Products, which is in charge of the risk related to 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 of the Product (s) due to transportation, the User undertakes to contact the Company as soon as possible so that the latter can do so quickly. necessary to the carrier.

The User is informed that the delivery times of the Products are announced subject to:

1) available stocks;

2) Payment of the Order Price and Delivery Charges by the User;

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

8.7. CHECKING THE ORDER

It is up to the User at the time of receipt of the delivery to check the Products received to ensure their complete compliance with the Order.

The User must inform the Company of its reservations. It has a period of 7 (SEVEN) working days from receipt of the delivery to verify the conformity of the Products delivered to the Order and inform the Company of its reserves by phone or email.

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

Any reservation not made in 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.

8.8. INSURANCE OF DELIVERY

The Company is responsible for the transport provider that it has chosen for this delivery service of the Products. The Company can not in any way responsible to any other carrier chosen by the User and different than those offered on its Website.

9. RIGHT OF WITHDRAWAL
9.1. In accordance with Articles L. 121-21-3 and following of the Consumer Code, the User has a period of 14 (FOURTEEN) days to exercise their right of withdrawal.

The User will have no obligation to justify the exercise of their right of withdrawal or is required to pay penalties in this regard.

To be valid, the exercise of the right of withdrawal must be expressed by the withdrawal form available in the appendix of the GTS or by an unambiguous statement expressing its wish to retract, sent by any means to certify the date and the time of sending (mail at 2 rue Gustave Eiffel, 10430 ROSIERES PRES TROYES or email to contact@enovap.com).

In addition, the Product must be returned in full within 14 (FOURTEEN) days, in perfect condition and in its original packaging accompanied by the Delivery Note, the Order Form and the accompanying declaration or withdrawal form. . This option of retraction will not be able to play if the Products are not returned intact and in their seal of origin (if sold under seal) and that they bear the mark of an alteration and are not in any event in a use for resale to consumers. The Company reserves the right to mandate a laboratory to verify the authenticity of the Products returned under the right of withdrawal.

For information, it is recalled that Article L.121-21-8-3 of the Consumer Code provides that: "The right of withdrawal cannot be exercised for contracts for the supply of goods made to specifications of the consumer or clearly personalized".

9.2. Under these conditions, the Company undertakes to reimburse the User for the Price of the Order, the Delivery Charges and the return costs when the return of the Product is made within the European Union.

The User will bear the cost of transporting the return of the Products if this transport is performed outside the European Union.

However, the Company will not be obliged to reimburse the additional costs as soon as the User chooses expressly a more expensive mode of delivery than the standard delivery method proposed during the transaction.

The refund is made within a maximum of 14 (FOURTEEN) working days, from the receipt of the Product.

The refund will be made using the same means of payment as used by the User in the initial transaction, unless the User expressly agrees that another means of payment is used to the extent that the refund does not cause no extra charge.

Any retraction that is not carried out in compliance with the provisions above cannot be taken into account and release the Company from any liability towards the User.

The burden of proving the exercise of the right of withdrawal under the conditions laid down by law is on the consumer.

10. ELECTRONIC SIGNATURE

In accordance with the provisions of articles 1316 and following of the Civil Code, the online provision of the credit card number of the Purchasing User and the final validation of their Order are proof of their agreement, of the exigibility of sums due under the Voucher Order, signature and express acceptance of all operations performed.

This article also applies to the acceptance of these Terms and the summary of the contract concluded between the Company and the User at the time of purchase.

The User is informed in this respect that the logs they use will be kept by the Company, in accordance with the provisions of Article 16 dealing with the processing of personal data.

11. PREUVE DE LA TRANSACTION

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

All communications, orders and payments made between the User and the Company may be proven through computerized records kept in the Company's computer systems under reasonable security conditions.

Order information and invoices will be archived on a reliable and durable medium considered, in particular, as a means of proof.

12. COMPLIANCE AND GUARANTEES
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 a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility."

Article L217-5 of the Consumer Code

"The property is in accordance with the contract:

1 ° If it is fit for the customary use of a similar good and, where applicable:

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

• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly 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, made known to the seller and that the latter has accepted. "

Article L217-6 of the Consumer Code

"The seller is not bound by the public statements of the producer or their representative if it is established that they did not know them and was not legitimately able to know them. "

Article L217-7 of the Consumer Code

"Deficiencies of conformity that appear within 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, this period is fixed at six months.

The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked. "

Article L217-8 of the Consumer Code

"The buyer is entitled to demand the conformity of the goods to the contract. However, they cannot challenge compliance by invoking a defect they knew or could not have been unaware of when they contracted. The same is true when the defect has its origin in the materials it has provided itself. "

Article L217-9 of the Consumer Code

"In case of lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate compared to the other modality, taking into account the value of the good or the importance of the defect. They are then obliged to proceed, unless it 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 property are impossible, the buyer can return the property and get the price back or keep the property and get a part of the price.

The same faculty is open to him:

1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 can not be implemented within one month of the claim of the buyer;

2 ° Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks.

The resolution of the sale can not 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 prevent the award of damages. "

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity is prescribed by two years from the 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 by reason of the hidden defects of the thing sold, which renders it unsuitable for the use for which it is intended, or which diminishes the use so much that the buyer would not have acquired it, or would have given a lower price if they had known them. "

Article 1642 of the Civil Code

"The seller is not liable for obvious defects and the buyer has been able to convince himself. "

Article 1643 of the Civil Code

"They are liable for hidden defects, even though they would not have known them, unless, in this case, they have stipulated that they will not be obliged to any guarantee. "

Article 1644 of the Civil Code

"In the case of Articles 1641 and 1643, the buyer has the choice to return the thing and get the price back, or keep the thing and get a part of the price. "

Article 1645 of the Civil Code

"If the seller knew the defects of the thing, they are obliged, in addition to the return of the price they have received, all damages and interest to the buyer. "

Article 1646 of the Civil Code

"If the seller was ignorant of the defects of the thing, they will be held only for the restitution of the price, and to refund to the purchaser the expenses occasioned by the sale. "

Article 1647 of the Civil Code

"If the thing that had defects has 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 previous Articles. But the accidental loss will be on behalf of the buyer. "

Article 1648 of the Civil Code

"The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity. "

12.2. GUARANTEE OF CONFORMITY

The Company guarantees that the Products are in accordance 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 13.1.

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

(i) request replacement of the Product by a like product;

(ii) in the event of an impossible replacement, return the Product and refund the purchase;

or (iii) in the event of an impossible replacement, keep the Product and return a portion of the purchase.

In this case, we thank you for contacting our customer service department at serviceclient@enovap.com to explain the reason for the non-conformity of the order and to confirm to us in detail and in writing the defects found. The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be refunded upon presentation of receipts.

12.3. WARRANTY OF HIDDEN DEFECTS

The Company warrants that the Products do not have defects or hidden defects rendering them unsafe or unsuitable for their normal use, as defined and in the conditions of articles 1641 to 1648 of the Civil Code mentioned above in article 13.1.

In case of Product with hidden defects, the User will have the choice:

(i) return the Product and return the price,

(ii) to keep the Product and to return a portion of the price.

12.4. In any case, all claims, exchange requests, duly justified in the event of implementation of the two aforementioned guarantees, must be made by e-mail or by post.
13. GENERAL BEHAVIOR OF USERS

Users must be over 18 years old.

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

The Users forbid themselves, on the occasion of their registration and their adhesion to the present GTC, as by the following use of the Services put at their disposal, of:

- Communicate information for registration that is incorrect or false;

- Indicate any sensitive information of racial or ethnic origin or relating to political, philosophical or religious opinions, membership of a union, sexual life or health, contrary to morality and the law.

In the event of an infraction or contravention of these rules, the Company reserves the right to delete these disputed messages without notice, and to prevent Users' access to the Services and their User Account.

Users must ensure that all information communicated later is correct and prohibits the creation or use of the Website, unless otherwise authorized, other User Accounts than their own under their own identity and / or that of a third party, being reminded that any impersonation is liable to prosecution and criminal sanctions.

Any breach of this commitment may result in the immediate and unannounced suspension of the Accounts of the Users concerned.

In the event that they become aware of an impersonation by a third party who has accessed their User Account, the Users undertake to inform the administration team of the Website by e-mail to the address contact@enovap.com.

In general, the User agrees to respect the principles listed in these TOS and to respect the other Users of the Services. In case of violation of these dispositions, or repeated behavior to the detriment of other Users, the Company shall be free to terminate the User's subscription to the Services at any time without notice.

14. TECHNICAL PROVISION

Users declare that they accept the characteristics and limits of the Internet and IT and in particular recognize:

  • they are aware of the nature of the Internet, in particular its technical performance and response times to consult, query or transfer information;
  • that the communication by Users of personal identifiers or in general of any information deemed by Users as confidential is made under their own responsibility;
  • Users are responsible for taking all necessary measures to ensure that the technical characteristics of their smartphone or computer allow them to view the information;
  • Users are responsible for taking all appropriate measures to protect their own data and / or software from contamination by any viruses circulating through the Website.

As a result, the Company cannot be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.

Services are provided as is and to the extent of availability.

The Company does not guarantee an error-free supply without timely and secure interruption of the Services offered via the Website.

The Company is not bound by any obligation of personalized and technical assistance.

The Company disclaims all warranties, express or implied, in particular as to the quality and compatibility of the Website with the use that the Users make of it.

It does not guarantee any result or benefit in the use that will be made of the Services offered through the Website.

15. INTELLECTUAL PROPERTY
15.1. The trademark "ENOVAP" is registered in France and abroad and remains the exclusive property of the Company.

The Company is the exclusive owner of 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 and its contents. databases of which she is the producer.

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

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

15.2. However, the Company grants Users a license 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 the use of the Services.

This license, however, excludes the right of Users to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or assign the rights of any content appearing on the Website and through it.

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

Any other use is constitutive of counterfeit and sanctioned under the Intellectual Property without prior authorization of 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 copy, aspiration and reproduction of the database produced and operated 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 particularly concerning advertising banners, whose governance is not provided by the Company and over which no control can be exercised.

As such, the Company disclaims any liability for the legal consequences of accessing these sites from the Website.

The use of hypertext links and / or hyperlinks pointing to the Website is authorized by the Company in the strict context of the promotion of the Website and the Services of the Company but on the condition that the integrity of the Website is preserved and no risk of confusion between the Website and sites published by third parties is found.

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

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

As such, the Company disclaims any liability for the legal consequences of accessing 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 in the strict context of the promotion of the Website and the Services of the Company but on the condition that the integrity of the Website is preserved and no risk of confusion between the Website and sites published by third parties is found.

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

16. COMPUTERS AND FREEDOMS - PERSONAL DATA
16.1. General provisions

These Terms and Conditions are subject to the provisions of European regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as well as those of Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms and any other applicable regulations in the matter that would complement or replace them later.

The collection and processing of nominative information collected by the Company has been declared to the National Commission for Computing and Liberties under the number 1870158V0.

The login or browsing data of the User on the Site are collected automatically, and only cover the origin of the connections, the IP address, the browser version and the pages of the Site consulted. Under no circumstances does the Company collect the email address without notice from its owner.

16.2. Rights of access, modification, opposition and deletion

In all cases, the User has the right to access, modify, oppose and delete personal data concerning themselves by writing to the following address:

To exercise this right, the User may, at their option, send an e-mail to the Customer Service Department of the Company at the e-mail address serviceclient@enovap.com or send a letter to the Company ENOVAP, Personal Data Service, at address 2 street Gustave Eiffel - 10430 ROSIERES PRES TROYES.

In accordance with the regulations in force, all applications must be signed and accompanied by a photocopy of an identity card bearing the signature of the applicant and specify the address to which the reply must be sent. A response will then be sent to the User within 2 (TWO) months following receipt of the request.

16.3. Use and transmission of the personal data of the User

In order to ensure the processing, tracking and linking of Users on the Website, the Company must necessarily process the personal data of the User. The processed data are transmitted to the Company, and if applicable to the partners concerned, in the following ways and for the following purposes:

- Order management:

The collection of personal data collected for the purpose of managing User Orders on the Website is mandatory. In their absence, the Services will not be properly provided. These data may be transmitted to the technical service providers of the Company, for the sole purpose of the proper execution of the Services, or the establishment of statistics.

- Payment Management:

The Company is obliged to collect certain personal information from the User in order to be able to invoice the User for the Product Prices and the Delivery Costs. It is recalled that the Company never has access to the payment and confidential information of Users.

- Newsletter Sign-Up:

Depending on the choices made by the User, their personal data may be used by the Company to send them newsletters.

- Sending of commercial information:

Depending on the choices made by the User, their personal data may be transmitted to the partners of the Company. Unless otherwise stated, the User may receive commercial information from third party partners of the Company.

The User has a right to access, modify, rectify and delete personal information collected by the Company concerning themselves.

After the User's express agreement when collecting their personal data, the Company reserves the right to transmit its data to commercial partners.

The User may receive from the Company and / or, as the case may be from its partners, emails or SMS containing information on the Services and activities of the Company.

The User retains the right to refuse a posteriori such communication by expressing their refusal by email.

16.4. Cookies
16.4.1. During the consultation of the Site, information relating to the User's browsing on the Site, may be recorded in "cookies" files installed on the computer or the mobile terminal of the User, including for purposes retargeting marketing, subject to the choices they have made when appearing on the website of the banner concerning cookies and that they may change at any time.

At the entrance of the User on the Site, an information message will be posted to warn them of the use of cookies: "By continuing to browse this site, you agree that cookies are used to improve your user experience Learn more ».

The "Find out more" link redirects the User to the GTC in Article 16.4. Cookies.

At this moment, the user has the choice of clicking on "CONTINUE" or "EXIT".

16.4.2. Use of cookies by the Company

Cookies are alphanumeric identifiers which are transferred to the User's hard drive via the Internet browser, in order to allow the system to recognize the User's browser and to offer them adapted services.

Cookies are used by the Company to memorize the preferences of the User, to optimize and improve the use of the Site by the User by providing content that is more specifically adapted to their needs.

"Cookies" are used to:

  • Identify the User when connecting to the Site;
  • Determine the user's Internet browser settings, such as the type of browser used and the plug-ins installed on it;
  • Memorize, if necessary, the User's shopping cart;
  • Remember the email, surname, first name and delivery information provided by the User;

Personal data is collected as part of this activity for the purpose of optimizing the user experience on the Site and has a right to access, modify, rectify and delete such data concerning it as detailed in section 16.2 hereof.

Only the issuer of a cookie may read or modify information contained therein.

Some cookies are installed until the closure of the user's browser, others are kept for longer. Cookies are kept for a maximum of 12 (TWELVE) months.
16.4.3. Cookie management by the User

The Help section of the toolbar of most browsers indicates how to refuse new "cookies" or get a message that signaling reception, or how to disable all "cookies".

The cookies that the Company issues are used for the purposes described below, subject to the choices of the User, which result from the parameters of their browser software used during their visit to the Site and their agreement by clicking on the button. "Continue" the cookie banner.

Several possibilities are offered to the User to manage cookies. Any setting of the User on the use of cookies may change their browsing the Internet and its conditions of access to certain services requiring the use of cookies.

The User may make the choice at any time to express and modify their wishes regarding cookies, by the means described below.

The User may configure their browser software so that cookies are stored in computer or, conversely, they are rejected, either systematically or according to their issuer. The User can also configure their browser so that the acceptance or refusal of cookies are offered punctually, before a cookie is likely to be registered in their computer.

16.4.4. Behavior cookies

The Company does not collect or process any personal information known as "behavior" of the User, as defined by Ordinance No. 2011-1012 of 24 August 2011 on electronic communications.

Any implementation of cookie behavior on the Site by the Company will be the subject of prior express authorization of the User.

17. CORRESPONDENCE - PROOF

Unless otherwise specified in these T & Cs, the correspondence exchanged between the parties is provided by e-mail via the Site.

Pursuant to Articles 1365 et seq. Of the Civil Code and, where applicable, Article L.110-3 of the French Commercial Code, the parties declare that the information delivered by e-mail is valid between the parties as long as no written document adversely authenticated and signed, calling into question this computerized information, is produced.

Items such as the time of receipt or issue, as well as the quality of the data received will prevail by priority as shown on the Company's information systems or as authenticated by the Company's computerized procedures. except to provide proof in writing and to the contrary by the User and / or the Company.

18. FORCE MAJEURE
18.1. Any event outside the control of the Company and against which it could not reasonably protect itself is a case of force majeure and suspends the obligations of the parties, as for example without this list being restrictive: a social movement or a technical breakdown (EDF, ERDF, telecommunications operators, Internet access or hosting providers, Registrars, etc.), a power supply shutdown (such as electricity), a network failure of electronic communication on which the Company depends and / or networks that would replace it.
18.2. The Company can not be held responsible, or considered as having failed in its obligations provided for in these GSC, for any non-performance related to a case of force majeure as defined by the law and French jurisprudence, provided that it notifies the other party on the one hand, and that it does its best to minimize the damage and to fulfill its obligations as soon as possible after cessation of the case of force majeure on the other hand.
19. UPDATE OF TERMS

These T & Cs may be modified at any time on the initiative of the Company. Any modification of these Terms and the documents referred to therein will be communicated to the User at their first use of the Site after this modification.

20. INTEGRALITY

The provisions of these Terms and Conditions express the entire agreement between the Users and the Company. They prevail over any proposal, exchange of letters before and after the conclusion of the present, as well as on any other provision contained in the documents exchanged between the parties and relating to the subject of the GSC, except amendment duly signed by the representatives of the two parts.

21. NULLITY

If one or more provisions of these GTC are held to be invalid or declared as such pursuant to a law, regulation or following a decision that has become final from a competent jurisdiction, the other provisions of these T & Cs will keep all their strength and reach.

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

22. TITLE

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

23. ATTRIBUTION OF JURISDICTION - APPLICABLE LAW

Any difficulty arising from the interpretation and / or execution of these presents will be subject to the assessment of the competent Courts of Paris to which it is expressly attributed jurisdiction, the only applicable laws being the French laws.

APPENDIX - RETRACTATION FORM

For the attention of Enovap SAS, 5 rue Sextius Michel, 75015 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.