PREAMBLE
The company Met4vape is an online store selling vaping products.
The terms below shall, when their first letter appears in uppercase, have the following meaning:
- "Met4vape" means the company Met4vape mentioned at the beginning of the T&Cs;
- "T&Cs" means these general terms and conditions of sale;
- "Customer" means the professional customer of the production, manufacturing, or distribution of vaping products wishing to purchase one or more Product(s). If it is a natural person, he/she must be at least 18 years old and fully capable;
- "Product" means any product offered for sale on the Website;
- "Website" means the website Met4vape.fr
The purchase, from Met4vape, of Products available on the Website can only be made online and after logging into a customer account previously created on the Website by the Customer.
ARTICLE 1 – APPLICATION OF T&C
The T&C apply to the relationship between Met4vape and the Client for and following the placement of an order for Product(s).
The placement of an order for Product(s) implies the full and unconditional acceptance of the T&C by the Client. Any unilateral condition contrary and/or particular emanating from the Client shall, in the absence of formal and written acceptance by Met4vape, not be opposable to Met4vape regardless of when it may have been brought to its attention.
The fact that Met4vape does not invoke, at a given time, any of the provisions of the T&C cannot be interpreted as waiving its right to subsequently invoke any of the provisions of the T&C.
ARTICLE 2 - CUSTOMER ACCOUNT CREATION
Obtaining a customer account is subject to the acceptance of the Client by Met4vape, following an examination of the information provided by the Client during the two following phases of customer account creation:
- First phase of customer account creation: the Client must provide sincere information (name, addresses, contact details, etc.) to complete the registration form available in the "Sign In" tab. Met4vape reserves the right to refuse the creation of a customer account, without having to justify itself (for example, a refusal may be opposed if the provided details raise doubts about their truthfulness);
- Once the customer account is obtained, the Client undertakes to use the login details provided by Met4vape to place any order for Product(s). The Client undertakes not to disclose these login details to third parties.
Met4vape may deactivate a validated customer account, even after the Client has placed one or more orders for Product(s), without having to justify itself (for example, if the Client has not used the account for at least three months and has never placed an order since the creation of the account)
However, Met4vape undertakes to notify the Client in advance within a reasonable time frame, and to deliver to the Client all firm orders placed up to the date of deactivation of the customer account. On the other hand, no notice will be required before deactivating the account if it occurs due to a fault of the Client (e.g., unpaid order(s), incorrect or incomplete information provided by the Client, Client's behavior detrimental to the brand image of Met4vape and/or one or more Product(s), etc.).
ARTICLE 3 - PRODUCT ORDER(S)
For each Product, a description is available online, on the relevant Product page, containing the main characteristics of the Product.
To be valid, any order for Product(s) must be placed on the Website and must be made by a Client.
Any order is deemed firm and final upon its validation by the Client and the acceptance of the GTC by the Client.
The receipt of the order for Product(s) is confirmed by Met4vape by email sent to the email address provided by the Client in the registration form (or later, if the Client has made a modification notified in writing to Met4vape).
The confirmation email sent by Met4vape will specify the estimated delivery date (for information purposes only) as well as the information (product type, quantity, selected payment method) and references of the order (order references that must be mentioned by the Client in any exchange with Met4vape regarding this order). The Client undertakes to verify the accuracy of this information and must inform Met4vape of any inaccuracy before the order is sent by Met4vape.
Met4vape reserves the right to cancel any order for Product(s) if the identification information provided raises doubts about their sincerity, after notifying the Client.
ARTICLE 4 - MODIFICATION OF THE ORDER
Any request to modify an order for Product(s) by the Client must be sent by email to Met4vape within three days from the date of receipt of the Client's order by Met4vape, and in any case before the Products are shipped by Met4vape.
Met4vape reserves the right to accept or refuse any modifications requested by the Client.
Any modification made to an order for Product(s), at the request of the Client and accepted by Met4vape, automatically cancels the previously accepted conditions by the Client (regarding prices, deadlines, payment conditions, and delivery methods); however, the new conditions will be communicated to the Client before validating the modified order.
In the event of a change in a Product, favorable to the Client in terms of quality or quantity (for example, out of stock of a Product sold in a pack of 10 and replaced by the same Product sold in a pack of 12 at the same price) between the date of placing the order and the date of delivery of the order, Met4vape reserves the right to modify the Client's order without prior notice. This modification of an order for Product(s) decided by Met4vape does not obligate Met4vape to make the same change to another order (past, ongoing, or future).
ARTICLE 5 - DELIVERY OF PRODUCTS
The shipment of the ordered Products will be made only after the full payment of the order amount by the Client. Met4vape may also suspend shipment for payment of overdue and unpaid invoices by the Client, in whole or in part, and more generally for the settlement of any amount due by the Client to Met4vape.
5.1 Delivery Time of the Products
The delivery time of an order for Product(s) is considered as the time separating the date of validation of the order by Met4vape, on one hand, and the availability of the order at the delivery address indicated by the Client, on the other hand.
Deliveries are made only depending on availability and in the order of arrival of orders.
Met4vape may freely carry out deliveries globally or partially, without additional cost or compensation for the Client.
The delivery times announced at the time of ordering are given for information only. In particular, in the event of out-of-stock or difficult replenishment, it is possible that the delivery times announced at the time of ordering may be exceeded. However, beyond thirty additional days from the indicative delivery date announced at the time of ordering the Product(s), the Client may request the cancellation of their order and the full refund of sums already paid, without further compensation.
The Client will receive an email from the delivery person, containing delivery information (for information only).
5.2 Transfer of Risks
The Products are sold carriage paid.
From the moment of their dispatch by Met4vape, the risks associated with the Products are transferred from Met4vape to the Client, whether the order for Products is transported to the Client by a third-party carrier or directly by Met4vape.
Therefore, the Products travel at the risk and peril of the Client, who is responsible, in the event of damage or missing Products, for making all necessary observations and confirming their justified reservations by extrajudicial act or registered letter with acknowledgment of receipt to the carrier within three (3) calendar days (excluding public holidays) following receipt of the Products, whether the transport was carried out by Met4vape or by a third-party carrier. In the latter case, the Client will send a copy of their claim to Met4vape for information, in the same forms and deadlines.
ARTICLE 6 - APPARENT DEFECT AND NON-CONFORMITY
Without prejudice to the measures to be taken with regard to the carrier, in accordance with Article 5 of the GTC, any claims regarding apparent defects affecting the Products and/or non-conformity of the Products (in quantity and/or quality) compared to the order placed or the shipping note, must be made by the Client by email to Met4vape within eight (8) calendar days (excluding public holidays) following the delivery of the Products.
It will be the Client's responsibility to accompany their claim with any evidence regarding the reality of the defects or faults observed (e.g., photographs). Met4vape may request any additional information from the Client.
The Client must facilitate the identification of defects or non-conformities by Met4vape (or any third party that Met4vape would substitute for this purpose) by refraining from using or selling the Products concerned, for the time necessary for this identification by Met4vape, which may not exceed a period of 20 days from the date of the Client's claim. The Client must also provide Met4vape with every facility to remedy these defects or faults.
In the event of an apparent defect or non-conformity of the Products, duly noted by Met4vape under the conditions set out above, the Client may, upon request, obtain the free replacement of the Products concerned (subject to sufficient stock) or the refund of the Products concerned (including delivery costs, if any, calculated on a pro rata basis of the order amount). In the event of a refund request, the return costs of the defective Products and the delivery costs of the replacement Products will be borne by Met4vape, with the return being made according to Met4vape's instructions and after written validation of the return costs by Met4vape.
ARTICLE 7 - WARRANTY
Defects and deterioration caused by the Client or their providers or their own customers, in particular due to non-compliance with safety instructions regarding storage precautions specified on the packaging, and/or caused by incorrect use, improper maintenance, abnormal use, lack of supervision, poor electrical protection of devices, by circumstances harmful to proper operation as well as by a modification of the product not provided for or specified by Met4vape, are excluded from the warranty.
The warranty is also excluded for apparent defects to which the conditions of Article 5 of the GTC apply.
In the event of improper maintenance (improper maintenance or lack of maintenance), the warranty will be totally or partially lost, at Met4vape's option.
The warranty referred to in this Article 7 is granted for the sole benefit of the Client, and therefore will not be applicable to third parties (in particular to persons to whom the Products in question may have been offered or resold).
The warranties provided in these GTC are the only warranties granted to the Client, to the exclusion of any other commercial or legal warranties.
ARTICLE 8 - PRICING
Given the number of product references and the very frequent evolution of products and the relevant market, the prices applicable to an order are those of the VAT-inclusive rate in force on the day of the order and indicated for each product on the website; prices are indicated after logging into the customer area.
The prices indicated do not include shipping and delivery costs, which will be billed additionally if applicable.
There is no price reduction or discount.
ARTICLE 9 - PAYMENT
Any order for Product(s) is payable in full in cash or via Paypal "between friends".
Shipping of the Products will only be made by Met4vape upon receipt in full and final of the funds by Met4vape.
ARTICLE 10 - RESERVATION OF OWNERSHIP
The transfer of ownership of the Product(s) from an order is subject to payment by the Client of the full price of the relevant order.
Payment is made upon effective and final receipt of the order price by Met4vape.
Until payment of the order has occurred, the Client shall refrain from reselling the relevant Product and shall identify it in its stocks as the property of Met4vape.
The Client undertakes to insure at its own expense the stock of Products in its possession, of which Met4vape has ownership until full payment of the order.
ARTICLE 11 - LIABILITY EXCLUSION
All products marketed by Met4vape are intended for vaping.
The product used for vapor production is based on Propylene Glycol.
Met4vape cannot be held responsible for any health or sanitary problems of any of the Client's customers.
The relationship between the Client and Met4vape, for and following an order of Product(s), is governed by French law. Any contract of sale of Product(s) between the Client and Met4vape is considered concluded in France.
In the event that the Client:
- has its domicile outside of France,
- and/or wishes the Products to be shipped outside of France,
- and/or intends to resell the Products outside of France,
- and/or intends to make, within the framework of a commercial activity in particular, any use of the Products outside of France,
it must verify the compliance of the Products with the applicable law in the territory concerned.
Met4vape shall not be liable in case of non-compliance of the Products purchased by the Client with regulations other than those applicable in French territory.
The Client agrees to fully indemnify, defend, hold harmless, and release Met4vape from and against all expenses, fines, judicial and arbitral proceedings, claims, losses, obligations, or actions as well as against all damages resulting in any way from the non-compliance of the Products purchased by the Client with regulations and/or legislation applicable in a territory located outside of France, due to the marketing of the Products by the Client outside of France or for use outside of France.
ARTICLE 12 - DISPUTE RESOLUTION
The relations between the Client and Met4vape related to the Products (including, without limitation, their purchase, sale, resale, marketing, use) are exclusively governed by French law.
Any dispute relating to the validity, conclusion, interpretation, performance, termination or consequences of the termination of the Terms and Conditions and its subsequent acts (such as the sale of Product(s)) shall be submitted to the courts whose jurisdiction Met4vape depends.
ARTICLE 13 - DATA PROTECTION AND PRIVACY RESPECT
The information provided by the Client to Met4vape when creating a customer account is essential for the processing and delivery of orders, for the establishment of invoices and warranty contracts; failure to provide this information will result in the cancellation of the Client's order.
By registering on the Website, the Client undertakes to provide Met4vape with sincere and truthful information about himself. Providing false information is contrary to the T&C as well as the terms of use on the Site.
In accordance with the law No. 78-17 known as "Informatique et Libertés" and European texts, the Client has a permanent right of access and rectification on all data concerning him.
The Client may at any time request from Met4vape to know what information Met4vape holds about him.
The Client may at any time and upon request modify this data.
If the Client has accepted it during his identification on the Website, promotional emails (e-mails) offering him new products, clearance offers, exclusivities, bargains, will be sent to him. The Client may request to no longer receive promotional e-mails from Met4vape at any time.
Met4vape is the sole holder of the information concerning the Client. No financial data (credit card numbers, etc.) is kept by Met4vape.
Met4vape will also inform the Client that cookies record certain information that is stored in the memory of his hard drive. A warning message will ask the Client, beforehand, if he wishes to accept cookies, which the Client may of course refuse. These cookies do not contain any confidential information about the Client.