1. OBJECTIVE

These terms of use (“Terms of Use”) set out the terms and conditions under which users (“User(s)”) may access and use the Website.

The Site offers for sale cigarettes, e-liquids, electronic cigarettes and accessories for electronic cigarettes (“Products”). To purchase the Products, you must create a customer account (“Customer Account”), accessible to any natural person acting for personal use only.

The General Terms and Conditions are supplemented by the General Conditions of Sale and the legal notices accessible on the Website.

All orders placed on the Site are governed by our General Conditions of Use, our General Conditions of Sale and our legal notices and imply the User’s adherence to these rules.

2. ACCESSIBILITY

The equipment (computers, telephones, software, electronic devices, etc.) allowing access to the Site are the responsibility and exclusive responsibility of the User, as well as the communication costs incurred by their use.

The User undertakes, each time he uses the Site, to adopt normal and reasonable behavior and not to attempt to hinder, in any way whatsoever, its proper functioning.

The User undertakes in particular not to:

disrupt, slow down, block or alter the normal flow of data exchanged during the use of the Website,

accelerate the scrolling speed of the content of the Site so that its operation is modified or altered,

commit any other action having an equivalent disruptive effect on the functionality of the Website,

fraudulently access, maintain, interfere with or disrupt access systems to the Website.

The User is solely responsible for the conservation and use of his access codes. Unless proven otherwise, any connection to the Website or transmission of data using the User’s access codes will be deemed to have been made by the User.

Thus, the User undertakes to keep his access codes secret and refrains from disclosing them, in any form whatsoever, to a third party. Furthermore, the User is required to log out at the end of each session.

The User is solely responsible for any financial consequences resulting from the use of the Website under his or her name in the interest of a third party.

The User undertakes to establish appropriate control of the system, with regard to technical developments, in order to avoid any hacking of the Website and in particular, to avoid any illegal use or any use contrary to all or part of the Conditions of Use. Use of information or content of the Site, in any manner and in any form whatsoever.

It is up to the User to inform ESPACE FUMEURS as soon as he becomes aware of piracy and in particular of any illegal or non-contractual use of all or part of the Site, whatever the means used.

Likewise, the User must immediately inform ESPACE FUMEURS if he notices a flaw in the security system, particularly in connection with intentional communication or misappropriation of his access codes so that ESPACE FUMEURS can take action without further delay. any appropriate measures to remedy the security breach.

If ESPACE FUMEURS notices a security breach likely to compromise the security of the Site, ESPACE FUMEURS may temporarily interrupt its services, without notice, in order to remedy this security breach as quickly as possible.

3. CONDITIONS FOR CREATING AND CLOSING THE CUSTOMER ACCOUNT

1. Creation of the Customer Account

To access ESPACE FUMEURS services and be able to order Products, the Customer must have created a customer account by providing the following information:

A valid email address,

A password and its confirmation,

Surname,

First name and title,

Date of birth,

and click on “SIGN UP” (“Customer Account”).

When accessing the Website, the User must certify [that he is/will be] at least 18 years old, as no sales are made on the Website to minors.

The User undertakes to provide the exact and complete information requested in the creation form, to keep it up to date and to communicate any modification without delay.

Creating a Customer Account requires providing a valid email address.

If the User provides false, inaccurate, outdated or incomplete information, ESPACE FUMEURS has the right to refuse the creation of his Customer Account, to suspend or close it, as well as to immediately refuse the execution of his orders. and reserves the right to take any useful legal action.

2. Access to the Customer account

When creating their Customer Account, the User is required to define access codes (their email address and a password) which are personal to them.

The User’s access codes allow him to identify himself and access his Customer Account and the services present on the Site.

The Customer Account contains personal data. The User must ensure that they choose a “strong” password. A good password must contain at least 8 characters of 4 different types: lowercase, uppercase, numbers and special characters.

To avoid cascading hacks, the customer account must have a unique password. The User must not choose a password that he already uses for another account.

Any attempt to substitute the password or identifier of another User is strictly prohibited.

If the password is lost, the User will be asked to enter their identification email address associated with their Customer Account and press “RECOVER”. A confirmation email will then be sent to this address allowing the User to reset their password.

3. Closing a customer account

The User may request the termination of their Customer Account from ESPACE FUMEURS at any time, without any cost other than that of transmitting their request, and without any reason, by sending an email to the following address: contact@espaceavenirs. com. Termination will be deemed to have occurred within eight (8) working days following receipt by ESPACE FUMEURS of confirmation by email of the request to close the Customer Account concerned, except for orders in progress. In this case, the Customer Account will be closed eight (8) working days after delivery of the last Products ordered.

ESPACE FUMEURS reserves the right to suspend and/or terminate the User’s Customer Account, without compensation and without legal formality, in the event of a serious breach by the User of the Conditions of Use and the Conditions of Sale fifteen (15 ) days after a formal notice was sent by email asking the User to comply with the Conditions of Use and the Conditions of Sale, which remained without effect.

ESPACE FUMEURS also reserves the right to automatically terminate the User’s Customer Account upon thirty (30) days’ notice after sending a notification by registered letter with acknowledgment of receipt.

The User will be informed by email of the termination of their Customer Account. The User’s data will be deleted at the User’s request or at the expiration of the legal deadlines following the termination of the User’s Customer Account or delivery of the last order. Accounting information can only be deleted after a period of five (5) years.

4. SECURITY

The Website is protected by a security system. ESPACE FUMEURS has adopted SSL to best protect all sensitive data linked to means of payment.

Payment for orders is made through the company’s services.

5. WEBSITE OPERATIONAL WARRANTY AND LIABILITY

ESPACE FUMEURS makes its best efforts to allow access, consultation and use of the Website in compliance with the rules of use of the Internet network.

However, ESPACE FUMEURS cannot guarantee that the Site will be free of anomalies, viruses, errors or bugs, nor that these can be corrected, nor that the Site will operate without interruption or breakdown, nor that it will be compatible with any computer equipment or particular configuration.

The Website is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of ESPACE FUMEURS and subject to possible breakdowns and maintenance interventions necessary for the proper operation of the Website.

Maintenance interventions may be carried out at any time without notice to the User.

The User declares to accept the characteristics and limits of the Internet network, and in particular its technical performance, response times for consulting, querying or transferring data and the risks linked to communications security.

In this regard, the User acknowledges that:

it is up to the User to take all appropriate measures to protect their own data and/or software from contamination by possible viruses circulating on the Website,

use of the Website is at the User’s own risk; the Site is accessible to the User “as is” and according to availability,

the User is solely responsible for any damage caused to his device or any loss of data resulting from downloading or consulting the Website,

the User is solely responsible for his use of the Website,

the communication of any information deemed confidential is made under the responsibility of the User,

it is up to the User to take all necessary measures to ensure that any material downloaded by the User or obtained in any other way while using the Website is done so at their own risk,

the technical characteristics of his equipment allow him to consult the Website.

Consequently, and within the limits authorized by law, ESPACE FUMEURS cannot be held responsible for any type of damage, foreseeable or unforeseeable, material or immaterial (including loss of profit or opportunity, etc.) suffered by the User. and resulting from the use or total or partial impossibility of using the Website and/or one of the services offered.

6. INTELLECTUAL PROPERTY

All copyright (including all designs, text, graphics, logos, button icons, images, audio and video clips, their selection and arrangement, and all software on the Site), graphic design rights, trademarks and all other intellectual property rights. any element or information contained on the Site will remain in all circumstances the exclusive property of ESPACE FUMEURS. Nothing in the Terms of Use or in the Website Content shall be construed as granting, directly or by implication, any license or right other than to [view/view] the Website.

In general, and without this list being considered exhaustive, the User undertakes:

to use and/or download information from the Website onto their equipment solely for their personal use and for a limited period,

to print the downloaded information on paper only on the condition that the copies thus made are intended for personal use only,

not copy and/or reproduce all or part of the Site, in particular on another site or an internal company network,

not to reproduce, reuse, summarize, alter, modify, move, extract, replace, store, or redistribute, represent or store, directly or indirectly, on any medium whatsoever, by any process and in any form whatsoever, all or part of the information and/or reproductions (illustrations, photos, etc.) appearing on the Website and/or the name, logo(s), brand(s) of ESPACE FUMEURS.

7. CHANGES

ESPACE FUMEURS reserves the right to unilaterally modify the content of the Conditions of Use at any time without having to first inform the User. The User must therefore regularly refer to the latest version of the Conditions of Use available on the Site before placing any order and stop using the Site in the event of disagreement with the Conditions of Use in force.

8. HYPERTEXT LINKS

The Website may contain hypertext links to other Internet sites over which ESPACE FUMEURS has no control. Despite the prior and regular checks carried out by ESPACE FUMEURS, the latter declines all responsibility for the content that can be found on these Websites.

ESPACE FUMEURS authorizes the establishment of hypertext links to any page or document on its Website, provided that the links are not intended for commercial or advertising purposes and that ESPACE FUMEURS has expressly given its agreement to the creation of the links .

ESPACE FUMEURS reserves the right to delete at any time a hyperlink pointing to its Website if it considers it contrary to its editorial policy.

9. PERSONAL DATA

Personal data concerning the User is necessary for the management of the services associated with their Customer Account and the management of commercial relations.

For more information on the use of personal data within the framework of ESPACE FUMEURS, the User can consult the Privacy Policy and Cookie Management Policy pages.

10. SKILL

The interpretation and execution of the T&Cs, as well as all acts resulting or being a consequence thereof, will be subject to French law, regardless of the place of delivery of the Products, the place of placing the order, the nationality of the User and his address.

Any dispute resulting from these and/or from any order which will be addressed to ESPACE FUMEURS and/or from any sale made by ESPACE FUMEURS will be subject to the exclusive jurisdiction of the competent Court of Paris even in the event of a warranty claim or plurality of claims. defendants or incidental claim.