1. GENERAL PRINCIPLES

These general conditions (hereinafter “CGV”) constitute a distance sales contract, defining the rights and responsibilities of ESPACE FUMEURS.

Customers are consumers, defined as natural persons acting in a private capacity and unrelated to their commercial, commercial, artisanal, liberal or agricultural activity, who wish to make a purchase on the Website. However, in accordance with the provisions of the article of the Public Health Code, ESPACE FUMEURS is not authorized to sell electronic cigarettes or e-liquid products associated with them to minors under the age of 18.

The fact that one of the parties waives a stated right cannot be interpreted as an automatic expectation of such a right in the future. The cancellation of a clause of the General Conditions of Sale has no impact on the validity of the general conditions as a whole.

These general conditions of sale may be modified at any time and without prior notification by ESPACE FUMEURS, the modifications being applicable to all orders placed after the aforementioned modification. SMOKING AREA may occasionally modify certain points of the general conditions of sale. The Customer is therefore advised to re-read the general conditions of sale before validating their order.

For any questions or complaints regarding items, orders, personal information, the right of withdrawal, the collection point for waste recovery or the warranty of the items, the Customer can contact the Company ESPACE FUMEURS by one of the means following:

By Telephone: …….. (0033) …………….

By email:…………………………

2 : THE WEBSITE – THE ARTICLES – AVAILABILITY

All content of the Website (illustrations, texts, descriptions, brands, images, videos) is the property of ESPACE FUMEURS. The partial or complete reproduction of the Site is prohibited without the express prior authorization of the Company ESPACE FUMEURS. The ESPACE FUMEURS Company does not authorize the creation of hypertext links without its express prior consent.

The items offered for sale by ESPACE FUMEURS are presented in detail so that any consumer can know the essential characteristics of the items they wish to acquire, in particular by means of technical specifications established by its partners and suppliers, and Photographs illustrating the items. As such, the products are described and presented with the greatest possible accuracy. Differences between the products and their photographs on the website may possibly (colors, shades) depend on the resolution and definition of colors on the Customer’s screen. However, the products presented are with the usual tolerances and materials.

ESPACE FUMEURS will scrupulously ensure that the photographs, illustrations and texts which appear on the site are of the best possible accuracy in accordance with the best possible information for the Customer.

Ultimately, ESPACE FUMEURS cannot be held responsible for any errors that do not distort the essential characteristics of the articles.

The items are new. They are offered for sale while stocks last and within the limits of replenishment possibilities from SMOKING AREA suppliers.

The availability of the items will be definitively validated in the shipping confirmation of the order which will be sent to the Customer by email.

In the event that one of the items ordered is not available when the Customer’s order is prepared, ESPACE FUMEURS guarantees to contact the Customer by email as soon as possible after placing the order to communicate a date estimated delivery, it being understood that the customer has the right to cancel his order.

If it proves impossible to supply an item, the Customer will have the option of replacing it with another item of similar quality, characteristics and price. Failing this, if the Customer were to cancel the order for the item concerned, the refund of the unavailable item will take place no later than fifteen (15) days after deposit of the amount paid by the Customer. Reimbursement will be made by accreditation of the Customer’s bank account. The cancellation of an item from an order and its refund will have no effect on the remainder of the order, which remains confirmed and final.

In accordance with the article of the Consumer Code, ESPACE FUMEURS provides the Customer with all appropriate support before the conclusion of the sale, information provided during the period or until the date on which the products of the spare part are available on the market , when the information has actually been transmitted by the manufacturer or importer. This information, when transmitted, must be confirmed in writing when the Customer has purchased the product.

3 : ORDERS

The Client declares that he has the capacity to enter into this contract; in other words that he is an adult in the legal sense of the term and is neither under guardianship nor curatorship.

The Customer will place the order in accordance with the instructions given on the Website. He undertakes to complete the registration and order form, taking care to provide complete and precise information if necessary. In any case, the Customer is responsible for the information entered on the registration form and when placing the order. In the event of an error, ESPACE FUMEURS is not responsible for any harmful consequences or delays in delivery of items or services thus caused (error in name or address).

Receipt of the order by ESPACE FUMEURS accompanied by its payment formally confirms the distance sales contract concluded with ESPACE FUMEURS. Once the order has been validated, the Customer will be able to print a summary of the electronic order which he will receive by email accompanied by a form for exercising a possible withdrawal. This document must be kept because it constitutes proof of the Customer’s order and the contract binding the parties.

In any case, ESPACE FUMEURS reserves the right not to satisfy any request/order from the Customer deemed excessive or not in compliance with the legislation in general and/or the general conditions or when the Customer has not respected its obligations towards SMOKING AREA.

Any order placed on the Site is automatically canceled if the payment due is not received within fifteen (15) clear days.

4 : PRICE and PAYMENT

The sales prices of the products presented on the Site are indicated in euros including tax but excluding shipping costs.

The total amount of all tests is indicated at the end of the online ordering procedure, before validation. The price invoiced to the Customer is the price indicated on the order confirmation which gives the price of the items including tax to which are added any applicable shipping costs.

Delivery costs are indicated on the following page: Please click on the link:

“Delivery + shipping costs”

Delivery costs are indicated in the Shopping Cart and are calculated based on the destination.

ESPACE FUMEURS reserves the right to modify its sales prices at any time. However, prices cannot be modified after placing the order. The prices applicable to the items ordered are those indicated on the Website on the day of the order.

Orders are payable in Euros, in total, (subject to the stipulations relating to <payment in 3 installments>) At no time can the sums paid be considered as a deposit or deposit.

Payment can be made as follows:

by credit card on the ESPACE FUMEURS partner payment site

by PAYPAL

by PAYLIB

Wire Transfer

The total amount of the order will be debited at the time of order confirmation.

The items sold remain the entire property of ESPACE FUMEURS until full payment of all amounts due in respect of the Customer’s order.

5 : DELIVERY – RECEIPT – USE OF PRODUCTS

5.1 Terms of delivery

Delivery is possible to mainland France and to the countries indicated at the following address: https://espacefumeurs.com/fr/faq-cigarettes/. Delivery may exceptionally be possible outside this geographical area, subject to acceptance by ESPACE FUMEURS.

For delivery, the Customer must choose a delivery method offered by ESPACE FUMEURS. The delivery method is therefore as follows:

(1) Delivery is made to the delivery address indicated by the Customer when placing the order.

For more information regarding the financial and practical delivery conditions and in particular those of our delivery partners (parcel tracking, etc.) the Customer is invited to consult the following link: …………………………… …

(1) Delivery to the address indicated by the Customer

If the Customer has chosen this delivery method, then the order will be delivered to the address indicated on the Site.

ESPACE FUMEURS cannot under any circumstances be held responsible in the event of delay/and/or non-delivery if the address is false or incorrect or to which delivery would be deemed impossible.

Delivery is said to be made by ESPACE FUMEURS once the items ordered have been handed over to the Customer by the carrier. The risks linked to the products are then immediately transferred to the Customer.

Shipping is handled by an independent company. The Customer undertakes to sign the delivery note for the items received. If the Customer is absent at the time of delivery, the latter has 15 working days to collect the package from the carrier or collection point chosen by the Customer, from the time indicated on the notice. of passage left by the carrier. In all cases, the Customer is informed as soon as possible of the availability of the item(s).

Any package returned to ESPACE FUMEURS due to an incorrect or incomplete delivery address, or the fact that the Customer has not collected their package from the carrier or collection point within the time limit indicated as in the previous paragraph, will be reshipped at the Customer’s expense.

(2) Delivery to relay point

The products ordered by the Customer will be delivered to the collection point chosen by the Customer, at the expense of collecting the products.

The Customer is informed of the delivery of his order by email.

The Customer is informed of the period during which he can collect his order.

As part of the withdrawal, the Customer must provide proof of identity when collecting their order.

Due to the withdrawal of the order by the Customer, evidenced by a signature on the receipt (or any other equivalent document), the risks of the product are immediately transferred to the Customer.

If the Customer does not collect their order made available at a relay point within the time indicated and the collection remains unsuccessful, the order will be retransferred to ESPACE FUMEURS or to the carrier. In this case the Customer will be informed by any person, and by any means, of the terms, particularly financial, for obtaining a new delivery. The costs resulting from a new delivery will in any case be borne by the Customer.

5.2 Delivery time

Deliveries are made, as far as possible, in accordance with the indicative delivery times indicated on the Website according to the delivery method chosen and according to the electronic confirmation of dispatch of the order. Delivery times are indicated as precisely as possible and depend on the availability of the products ordered and the carrier. Delivery times are in working days (excluding Saturday, Sunday and public holidays).

In the event of a foreseeable delay in delivery, ESPACE FUMEURS will inform the Customer as soon as possible by email and will communicate an estimated additional delivery time.

As such, the Customer is informed of the average delivery times on the following link: https://espacefumeurs.com/faq-cigarettes/

In all cases, ESPACE FUMEURS undertakes to make delivery to the Customer/consumer within a maximum period of 30 days from the Conclusion of the Contract.

If this period is exceeded and except in cases of force majeure, the Customer may terminate the online sales contract concluded with ESPACE FUMEURS by registered letter with acknowledgment of receipt if, after having ordered ESPACE FUMEURS to make the delivery which did not run within the time limit

The contract will be considered terminated upon receipt of this letter by ESPACE FUMEURS, unless ESPACE FUMEURS has executed the contract in the meantime.

Once the contract has been terminated as stipulated above, ESPACE FUMEURS is required to reimburse all sums paid by the Customer, within fourteen (14) days following the date of termination of the contract.

5.3 Reception

It is the Customer’s responsibility to check the condition of the packaging and the items as well as the number of items upon receipt, whether it is a delivery, at the collection point. This check is considered to have been carried out as soon as the Customer, or a person authorized for this purpose, has signed the delivery receipt.

It is up to the Customer to clearly and precisely express their reservations on the carrier’s delivery receipt in the event of a dispute, deterioration of the product during transport, damage, missing items or delays. The Customer must confirm these reservations with the necessary details to the carrier by registered letter with acknowledgment of receipt within three (3) days, excluding public holidays, following receipt of the items.

In accordance with the article of the Consumer Code, if the Customer personally accepts delivery from the carrier, if the carrier does not give the customer time to check the condition of the delivered product, the period mentioned above is increased to ten 10 days.

Without prejudice to any claims that may be made against the carrier, claims concerning apparent defects or non-conformity of the items delivered must be notified to ESPACE FUMEURS in writing from the date of delivery or availability articles. It is the Customer’s responsibility to provide proof of the existence of any defects or anomalies noted, in particular by sending ESPACE FUMEURS:

a photocopy of the reservation letter addressed to the carrier.

a photocopy of the delivery receipt mentioning these reservations.

Any late claim could potentially prevent the claim from being considered.

It is expressly agreed that wording such as “pending an inspection at the time of unpacking” does not constitute a reservation within the meaning of this article.

In the event of delivery to a relay point, if the Customer notices during the withdrawal period that the package is damaged (damaged, torn, already opened) etc., he/she must immediately indicate to the relay point that he/she is refusing the package, and this will be returned to the company.

In any event, ESPACE FUMEURS cannot be held responsible for any delay or non-delivery due to a case of force majeure or a fault committed by the Customer.

6 : LEGAL GUARANTEES

6.1 General provisions

ESPACE FUMEURS is liable for defects in conformity of the goods contracted with the article and the Consumer Code against defects in the products sold.

As such, the Customer may make a request under the legal guarantee of conformity or the guarantee of hidden defects in things sold by sending his complaint to ESPACE FUMEURS:

When acting under Legal Compliance, the Client:

– has a period of up to 2 years from delivery to act

– It is up to the Customer to provide all proof of the reality of any lack of conformity within 24 months following delivery of the goods.

– The legal guarantee of conformity applies independently of the commercial guarantee that could be granted.

– The Customer may decide to implement the guarantee against hidden defects of the products sold in accordance with the article of the law, and in this case, the Customer may choose between the resolution of sale or a reduction in the sale price in accordance with the this article.

6.2 Additional details

Legal compliance as mentioned above, ESPACE FUMEURS must deliver products conforming to the contract and respond to any lack of conformity existing at the time of delivery.

Also, the presumption of existence at the time of delivery of the products, of defects in conformity within 24 months following delivery, is practically never compatible with the specific nature of the products.

7 : RETURNS and RESPONSIBILITIES

7.1 Claim/Liability

If applicable, the Customer must therefore provide justification to confirm the defects or anomalies noted. It is up to ESPACE FUMEURS to facilitate a process enabling these defects or anomalies to be noted.

Subject to exercise and possible rights of withdrawal, returned products must be expressly accepted by ESPACE FUMEURS. All Items must be returned if possible in their original packaging, with their labels and accompanied by the instructions and a copy of the invoice.

Any return will result in the replacement of the product or a refund on the Customer Account, issued to the Customer after qualitative and quantitative checks of the returned items. The costs and risks of returning an item are the responsibility of the Customer, if non-compliance is not proven.

ESPACE FUMEURS’ liability being incurred due to a fault on their part, the repairs apply directly and personally to the Customer’s damage.

In any event, ESPACE FUMEURS declines all responsibility, in particular as to the choice of product chosen by the customer, resulting in damage resulting from modifications to the product or resulting in non-compliance with the recommendations for use of the product.

Furthermore, it is reminded that ESPACE FUMEURS is not a producer of the products marketed via the Website. Consequently, liability can only be incurred in the event of damage to the product and/or due to the person owning the defective products within the meaning of the aforementioned article. If the Customer requests compensation for such damage, he must contact the manager of the supplier concerned.

ESPACE FUMEURS cannot be held responsible for temporary or permanent damage caused to computer equipment and data belonging to the Customer, nor for any loss or damage resulting from access to or navigation on the Site in particular. The transmission of data via the Internet may cause errors and/or result in temporary unavailability of the Site. Consequently, ESPACE FUMEURS cannot be held responsible for the unavailability or interruption of its online services.

7.2 Commercial guarantee

ESPACE FUMEURS grants a commercial guarantee on certain products and brands, the terms of these guarantees are defined below.

The contractual guarantee is intended for the reimbursement of the purchase price or the replacement of the product under the conditions set out below, this only in the event of defects due to hidden anomalies prior to deliveries.

The guarantees are granted at no additional cost to the price of the product.

They are granted in the following territory: the whole world.

These deadlines run from the date of purchase on the Website and are not renewable.

To implement this guarantee, the Customer must respect the following terms:

– The Customer must contact ESPACE FUMEURS customer service and obtain prior agreement for the return of the product(s).

– The Customer must return the product concerned to ESPACE FUMEURS customer service at the precise address specified in article 1 of these conditions, the return costs remain the responsibility of ESPACE FUMEURS.

– Defective products can only be returned with the serial number shown on the packaging.

If the loss is covered by this guarantee, ESPACE FUMEURS undertakes to reimburse the product by creating a credit or replacing it with a new one.

In the event of replacement of the product, the costs will be covered by ESPACE FUMEURS.

All items purchased via a coupon or voucher can only be refunded in the same form.

The warranty expressly excludes damage and/or costs caused by:

– Normal wear and tear of products

– The intervention of the Customer or a third party of the product.

Independently of the commercial guarantee, ESPACE FUMEURS remains bound by the legal guarantee of conformity mentioned in the article of the Consumer Code and that relating to defects in things sold under the conditions provided for in the articles.

8 : FORCE MAJEURE

In the event of the occurrence of a case of force majeure making it impossible for ESPACE FUMEURS to honor its obligations, the contract is immediately suspended upon notification by one of the parties by any means. Likewise, the party concerned will inform the other party of the end of the force majeure and from this notification, the contract will be enforceable again.

Force Majeure means that in all events making the execution of obligations impossible or difficult due to their unforeseeable, irresistible or external nature, these three criteria being alternative, such as war, riots, fires, floods, strikes (total or partial ). ), disruptions in energy supply (EDF, GDF, OIL, etc.), blocking of telecommunications and computer networks, changes in regulations, delays or failures in the intervention of external partners such as suppliers and subcontractors.

If such an event exceeds fifteen (15) days after its notification date, the contract will be considered automatically terminated. Any amount collected by ESPACE FUMEURS before this date will be refunded to the Customer.

9: CUSTOMER OBLIGATIONS

The Customer undertakes to send ESPACE FUMEURS all the elements necessary for the proper execution of the order. In this regard, the Customer remains responsible for the content and accuracy of the information transmitted to ESPACE FUMEURS, and in particular that relating to their majority.

The articles are used under the sole responsibility of the Customer. Under these conditions, it is up to the Customer to keep the item/product in good condition, to use it in accordance with its intended purpose, in particular by following the applicable stipulations provided by ESPACE FUMEURS or its suppliers.

10 : RIGHT TO RETRACT

The Customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the items ordered (the date of receipt is not counted in the period, it runs from the next day). If the withdrawal period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.

In the case of an order placed for several products delivered separately, or an order made up of several items whose delivery is spread over a defined period, the period runs from receipt of the last receipt of the goods or pieces of the lot.

“The right of withdrawal cannot be exercised in the case of contracts:

3° The supply of goods made according to the consumer’s specifications or clearly personalized;

4° Supply of goods likely to deteriorate or expire quickly;

5° Supply of goods unpacked by the consumer after delivery and which cannot be returned for reasons of hygiene or public health safety;

6° Supply of goods which, after delivery and by their very nature, combine in an inseparable manner with other items;

To exercise his right of withdrawal, the Customer must, within the deadline indicated above, send a letter with acknowledgment of receipt to ESPACE FUMEURS, indicating his wish to exercise this right or by returning the standard form for exercising the right. withdrawal (in Appendix 1 of these general conditions) to the address indicated.

The Customer will return the items, at his expense, to the address mentioned in these general conditions, within fourteen (14) days following his decision to withdraw, in their original packaging, unused and in perfect condition, without no trace or mark. , with their labels, all accessories and any gifts offered.

It is for this reason that a reminder of the Customer’s liability may be initiated in the event of depreciation of the products resulting from improper handling, as well as those intended strictly to establish the nature, characteristics and proper functioning of the products.

In the event of withdrawal, concerning several products and the Customer does not return all of the products, ESPACE FUMEURS will deduct from the refund amount the price of the missing products.

ESPACE FUMEURS undertakes to reimburse the Customer within 14 days from the date indicating the Customer’s decision to withdraw. ESPACE FUMEURS may, however, defer reimbursement until actual recovery of the goods or until the Customer has provided proof of shipping details, the date chosen being the first of these requests.

ESPACE FUMEURS will make the reimbursement in the same form as that used by the Customer for the initial transaction, unless the Customer has otherwise agreed to use another method of payment to the extent of the reimbursement where no additional costs are incurred by the Customer.

11 : RESERVATION OF PROPERTY

The items sold by ESPACE FUMEURS to its Customers remain the property of ESPACE FUMEURS until full payment of the principal amount as well as any principal costs, interest and accessories. However, all risks are transferred to the Customer upon receipt of the items by the Customer.

In the event of non-payment, ESPACE FUMEURS, without waiving any other of its rights, may demand by registered letter with acknowledgment of receipt that all items be returned at the Customer’s risk and expense. The Client will also be responsible for all legal and procedural costs.

12 : DATA PROTECTION

ESPACE FUMEURS will continue to collect and process Customers’ personal data in accordance with the regulations applicable to personal data and the Privacy Policy it has developed.

ESPACE FUMEURS’ Privacy Policy supplements these conditions, of which it is an integral part; we invite you to consult it by clicking here.

13 : TELEPHONE OPPOSITION

The Customer when he communicates the telephone details to ESPACE FUMEURS via the website when placing an order online, the Customer is informed that he can register on the list of opposition to telephone communications via (Bloctel). However, it is indicated that ESPACE FUMEURS may contact the Customer by telephone for the strict requirements related to the execution of this contract.

14 : APPLICABLE LAW

The parties agree that these conditions and their consequences are subject to law. The contractual and relational language to be used between the parties is French and English.

15 : DISPUTE SETTLEMENT

Annexe 1 : WITHDRAWAL FORM

Please complete and return the form only if you wish to terminate the contract.

To the attention of:

SMOKING AREA

ADDRESS : …………………………………………………….

I hereby notify you of my withdrawal from the contract of sale of the property below:

Ordered on (*) / received on (*) ………………………………… …………..

Name of Consumer(s): ………………………………….. …. ………………..

Address of the Consumer(s): ………………………………….. .. ………………

Signature of the Consumer(s) only in the event of notification of this form on paper:

Date: ……………………………………

(*) Clear symbol