terms and conditions of sales www.la-belle-epoque-eliquids.com
Applicable as of April 17, 2020
The website accessible at the address www.la-belle-epoque-eliquids.com (hereinafter referred to as “the Site”) is published by the company KEMIX, a simplified joint stock company registered in the ARRAS Trade and Companies Register under the number 807 511 050, with a share capital of €15,000, whose registered office is located Parc Horizon 2000 62117 BREBIÈRES (hereinafter referred to as “KEMIX”), and whose contact details are :
- Phone : +33 2 99 96 58 25
- Email : email@example.com
All sales of products concluded by KEMIX on the Site are subject to the present general terms and conditions of sale, and we draw your attention to the importance of reading them carefully.
Article 1: Purpose
The present general sales conditions (hereinafter referred to as “the General Conditions”) are concluded between KEMIX and any natural person of legal age acting as a consumer and wishing to make a purchase on the Site (hereinafter referred to as “You”).
These Terms and Conditions apply without restriction or reservation to all sales of products offered by KEMIX on the Site.
They only apply to sales concluded with adults, as the provisions of article L. 3513-5 of the Public Health Code prohibit KEMIX from selling vaporization products to minors under the age of eighteen.
As soon as you enter the Site, you declare that you are of legal age allowing you to purchase the products offered for sale on the Site.
Moreover, the present General Terms and Conditions only concern purchases made by buyers in France and delivered exclusively on French territory, as the regulations applicable to distance selling to consumers domiciled in countries other than France may be different from the present General Terms and Conditions. Consequently, for all deliveries outside of France, the GCS will only apply to stipulations that are not contrary to the regulations of the country concerned.
Article 2: Products
The products whose sale is governed by the General Terms and Conditions are those appearing on the Site (hereinafter referred to as “the Products”), namely e-liquids for electronic cigarettes.
The essential characteristics of the Products are described and presented on the Site as accurately as possible.
As the choice and purchase of a Product is your sole responsibility, it is your responsibility, before placing your order, to refer to the description of each Product on the Site in order to know its essential characteristics.
The Products sold on the Site are intended for an exclusive clientele of consumers and non-professionals, i.e. all natural persons and legal entities acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity, for their personal use.
Consequently, and in accordance with the provisions of article L. 121-11 of the French Consumer Code, KEMIX reserves the right to refuse, for legitimate reasons, any order that would suggest that you are carrying out an economic activity in connection with the Products, such as for example an order for the same Product estimated in too large a quantity, or more generally any abnormal order within the meaning of the case law applicable in this matter.
If you wish to acquire the Products within the framework of your commercial, industrial, artisanal, liberal or agricultural activity, we invite you to contact KEMIX by email or by telephone at the address indicated in the preamble.
Article 3: Availability
The Products are available as long as they are visible on the Site and within the limit of available stocks and KEMIX’s supply possibilities from its suppliers.
KEMIX may modify the range of Products offered for sale on the Site at any time.
In the event of unavailability of a Product after you have placed your order, KEMIX will inform you by email and will propose, as far as possible, the replacement of the ordered and unavailable Product by a similar Product.
If, in the event referred to in the preceding paragraph, you refuse to replace the Product ordered and unavailable by the similar Product offered by KEMIX or if KEMIX is unable to offer you a similar Product, your order will be automatically cancelled and the price of the Product will be refunded by bank transfer to the account attached to the credit card used to pay for your order.
Article 4: Prices
4.1. Product prices
The prices of the Products are indicated in euros, all taxes included, excluding delivery costs.
They take into account the VAT and any reductions applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of the Products sold on the Site.
KEMIX reserves the right to modify the price of the Products at any time, but undertakes to apply to the Products ordered the prices in force that will have been indicated to you at the time of the validation of your order.
4.2. Delivery costs
The prices of the Products indicated on the Site do not include delivery costs.
The delivery charges applicable to your order of Products are indicated to you during your order process after you have entered your delivery address.
Article 5: Order
5.1. Product Selection
While browsing the Site, you have the possibility to select the Products of your choice, by choosing their type and quantity, then by clicking on “Add to Cart”.
5.2. Viewing the basket – Order summary
You may at any time during your navigation on the Site consult the contents of your basket by going to the tab representing a basket and indicating the number of Products it contains, then clicking on “View basket”.
After having clicked on “View Cart”, you can :
- To become acquainted with the nature and quantity of the Products contained therein;
- Change the quantity of the selected Products;
- Delete one or more selected Products;
- Inform your country, among the proposed countries, and your city of delivery;
- Enter a promotional code if you have one;
- If your order is less than 60 € TTC, know the shipping costs applied according to the country and the city of delivery;
- To know the total amount of your order including all taxes, delivery costs included.
This step allows you to check that the content of your basket meets your expectations and to correct any errors that may have been made.
5.3. Validation of the order
Once you have been able to check that the contents of your basket meet your expectations and correct any errors that may have been made, you can continue with your order by clicking on the “Confirm my order” button.
You will then be directed to the validation page of your order including the following steps:
1/ “Billing details”: here you can connect to your customer account, if you have one, by entering your email address and password; you can also validate your order without creating a customer account by entering the following information: first name, surname, address (city, country, region, postal code), telephone number and email address.
2/ “Your order”: you have a summary of the content and the total price of your order.
3/ ” Payment “: you select the payment method of your choice (credit card or PayPal); if you choose to pay by credit card, you must click on ” Order with payment obligation ” and on the next page click on ” Pay by card “. In the next step you must fill in your card information.
4/ “Order with obligation of payment”: you confirm that you have read and accepted the present Terms and Conditions of Sale by ticking the box provided for this purpose, then confirm your order definitively by clicking on “Order with obligation of payment”.
5.5. Conclusion of the order
The sale is definitively concluded between KEMIX and you when the payment of your order is made and confirmed.
Once your order has been definitively validated and paid, KEMIX will acknowledge receipt of your order by sending you an order confirmation email to the email address provided in your customer account, summarizing the details of your purchases and including a link to these Terms and Conditions.
For any question related to the follow-up of your order, you can contact KEMIX customer service:
- By telephone on +33 2 99 96 58 25 (cost of a local call from a landline) from Monday to Friday from 9 a.m. to 5 p.m.;
- By email at the following address: firstname.lastname@example.org ;
- Through the contact form in the “Contact” tab of the Site.
Article 6: Payment
KEMIX reminds you that the final validation of your order implies the obligation at your expense to pay the total amount indicated on your order, which corresponds to the purchase price of the Products and possible delivery charges.
It is payable in cash and in full at the time of the validation of your order.
The payment of your order is made with the secure payment solution Paypal, with which you can pay your order by credit card (Carte Bleue, Visa, Mastercard).
Payment by credit card is made on the basis of the bank details you will have provided during the registration of your order.
The holder of the bank card is subject to a validation and authorisation check by the issuing body. If this organization refuses the payment authorization, KEMIX will not accept your order and will not be liable for any delay or refusal to deliver the Products.
Your bank account will be debited for the amount of your purchases as soon as your order is validated, even in the case of Products in deferred delivery.
KEMIX is not responsible for any fees that may be charged by your credit card company or bank when paying by credit card for your order.
Article 7: Delivery
Delivery of the Products is offered in metropolitan France and DOM-TOM, Italy, the Netherlands, the United Kingdom and Germany.
The Products are delivered to the address that you will have entered as the delivery address in your customer account, or if necessary in the order.
Please note that it is necessary to fill in your shipping address information accurately and completely when you place your order for the Products. If you do not fill in this information, KEMIX shall not be held responsible for the impossibility to deliver the Products ordered.
Moreover, whatever the Products ordered, their delivery by KEMIX will only take place after effective and full payment of your order.
The delivery methods offered by KEMIX are sending :
– By LA POSTE via the COLISSIMO service
Product orders are processed by KEMIX within an average period of 24 to 48 hours, excluding Saturdays, Sundays and holidays, from receipt of payment of the total amount of the order.
In addition to the order processing time by KEMIX, the shipping time of the Products is added to the order processing time:
In case of shipment by COLISSIMO, the shipment time is subject to the usual processing times of LA POSTE, and in theory between 48 and 72 hours from the expiration of the order processing time by KEMIX;
In the event of a delay in the delivery of the Products, KEMIX will propose a new delivery time by email.
The cost of delivery is indicated to you during the order validation process after selecting the country and city of delivery.
Any order of Products with a total value of more than 60 € including VAT is delivered carriage paid, regardless of the delivery method chosen.
7.5. Legal provisions in the event of exceeding delivery times
In accordance with the provisions of articles L. 216-2 and L. 216-3 of the Consumer Code, in the event of exceeding the deadlines, for any reason other than your doing or force majeure, you will be able to cancel your order in the following cases:
- After a notice of default has been sent to KEMIX to make delivery within a reasonable additional period of time and as soon as the notice of default has remained without effect;
- If you can prove that this delivery time was an essential condition for your order.
You must send your formal notice or request for cancellation of your order to KEMIX by registered letter with acknowledgement of receipt, to the address indicated in the preamble.
In the event of cancellation of the sales contract under the above-mentioned conditions, KEMIX will reimburse you the totality of the sums paid, at the latest within 14 days following the date on which the contract was terminated.
7.6. Control and transfer of risks
At the time you, or a third party designated by you, take physical possession of the Products ordered, delivery of the Products is deemed to be made by KEMIX and the risk of loss or damage to the Products is immediately transferred to you.
KEMIX advises you to inspect the Products at the time of delivery.
If you find a defect or non-conformity on a Product (Product error, defective or damaged Product, incomplete order), you must notify KEMIX of your reservations by email as soon as possible, and at the latest within 3 working days from the date you take physical possession of the Products.
Article 8: Right of withdrawal
In accordance with the provisions of articles L. 221-18 et seq. of the French Consumer Code, you have the right to withdraw from the distance selling contract with KEMIX.
In accordance with the provisions of article L. 221-18 of the French Consumer Code, you have 14 days from the date of receipt of the Product ordered to exercise your legal right of withdrawal with KEMIX, without having to justify your decision.
The starting point of the 14-day legal retraction period runs from the day of receipt of the Product or, as the case may be, from the day of receipt of the last Product in the case of an order with staggered delivery.
If this period expires on a Saturday, Sunday or a public holiday or holiday, it is extended until the first following working day.
8.2. Method of exercising the right of withdrawal
To exercise your right of withdrawal, you must inform KEMIX within the aforementioned 14-day period of your wish to withdraw by sending a withdrawal form, a model of which appears in the Appendix to the General Terms and Conditions, by email to email@example.com or by post to the following address:
Parc Horizon 2000
Vou must then return the Product covered by the retraction to KEMIX in perfect condition, without undue delay and, at the latest, within 14 days following the communication of your decision to retract, using the original packaging and sending the package or mail by registered mail with return receipt to the above-mentioned address.
In accordance with the provisions of Article L. 221-23 of the French Consumer Code, the direct costs of returning the Product shall be borne by you.
You may be held liable in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products.
If you exercise your right of retraction under the conditions of form and time limit set forth in this article, KEMIX will reimburse you the price of the returned Product as well as the possible delivery costs of the order, and this at the latest within 14 days from the date KEMIX was informed of your decision to retract.
KEMIX may postpone reimbursement until the Product to which you have retracted your order has been returned or until you have provided proof of shipment of the Product, whichever comes first.
KEMIX will make the refund using the same payment method that you used for the initial transaction, unless you expressly agree to KEMIX using another payment method and provided that the refund does not incur any costs for you.
Article 9: Legal guarantees
Under the Products on sale on the Site, you benefit from :
- The legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code ;
- And the guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code.
|You have a period of two years from the delivery of the Product to act in application of the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-14 of the French Consumer Code.
In this case, you will be able to choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code.
You are exempt from having to provide proof of the existence of the Product’s lack of conformity during the twenty-four months following delivery of the Product.
You are reminded that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted to you by KEMIX.
In addition, you may decide to implement the warranty against hidden defects of the item sold within the meaning of article 1641 of the French Civil Code.
In this case, you may choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Article 10: Responsibility
The Products offered for sale on the Site comply with the laws and regulations in force in France on the day of the order.
In no case does KEMIX guarantee that the Products comply with any other local legislation that may be applicable to you if you access the Site from other countries.
KEMIX cannot be held liable for any damage, of any nature whatsoever, resulting from a modification made to the Product or from a use of the Product contrary to the conditions of consumption, use and conservation appearing therein.
Since the Products are not intended for professional customers, KEMIX shall in no way be held liable for bodily injury or loss incurred to any third party resulting from bodily injury or loss resulting from the use of the Products purchased by you for purposes related to a professional activity.
Furthermore, KEMIX is not in a position to verify the legal capacity of the Site’s clients.
It is up to you to declare when you access the Site whether or not you are of legal age. You remain solely responsible for the information transmitted to KEMIX concerning your legal majority.
Consequently, if a person who does not have legal capacity orders Products on the Site, his or her legal representatives will assume full responsibility for this order and will have to pay the price.
Finally, the use of the Products is carried out under your sole responsibility. It is therefore your responsibility to use and maintain the Products in accordance with their intended use, in particular by respecting the recommendations for consumption, use and conservation provided by KEMIX.
Article 11: Claim – Mediation
In the event of a claim on a Product, you can contact KEMIX at the contact information mentioned in the preamble.
In accordance with the provisions of articles L. 611-1 et seq. of the French Consumer Code, KEMIX assures you the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of a dispute between you and KEMIX that could not be resolved amicably between you.
In order to do so, KEMIX adheres to ……………………………………………, whose coordinates are as follows:
- Mailing address: ……………………………………………….
- Email address: ……………………………………………….
After having addressed a written complaint directly to KEMIX in order to try to settle the dispute amicably, …………………………………………… may be seized for any consumer dispute that has not been settled.
To find out how to enter ……………………………………………, you can consult its website at the following address: ……………………………………………
You can also consult, on the following link https://webgate.ec.europa.eu/odr/, the Online Dispute Resolution platform set up by the European Commission to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
Finally, the consumer mediation website accessible from the following link www.economie.gouv.fr/mediation-conso contains useful information on the mediation of consumer disputes.
Article 12: Applicable law – Jurisdiction
These General Conditions are subject to French law.
In the event of a dispute to which any transaction concluded in application of the present General Terms and Conditions could have given rise and which would not be amicably resolved, the French courts will be exclusively competent in application of the rules published by the French Code of Civil Procedure.
Article 13: Modification of the General Conditions
KEMIX reserves the right to make changes to these Terms and Conditions at any time, which will be applicable as soon as they are posted on the Site.
Nevertheless, the General Terms and Conditions applicable to your order are those that you will have accepted at the time of the validation of this order.
Article 14: Right of Assignment
KEMIX reserves the right to assign to third parties all or part of the rights and obligations arising from these Terms and Conditions, provided that you assign them on the same terms or, at the very least, on terms that are no less advantageous to you.
Article 15: Miscellaneous provisions
If any of the stipulations of these General Terms and Conditions were to be declared null or inapplicable in application of a law, a regulation or following a court decision that has become final, it would be deemed unwritten and the other stipulations would remain in force.
The fact that KEMIX does not avail itself, at one time or another, of one of the stipulations of the General Terms and Conditions cannot be interpreted as a waiver of its right to do so.
Article 16: Personal data
The personal data that you will have provided to KEMIX at the time of your order are subject to automated processing by the latter.
You are invited to consult the Site’s personal data processing policy to obtain information on this processing.