Terms OF SALE 


AAvapo®

AAVAPO ® LLC
LLC with capital of 10,000 euros,
Whose headquartered in Louis Vuitton Building - 5th Floor, 101, avenue des Champs Elysées - 75008 PARIS - France,
Registered in the Paris Trade and Companies under No. 799067780,
SIRET: 799 067 780 0001 2
TVA FR IC 60799067780
EORI: FR 799 067 780 0001 2
NAF: 4690Z


ARTICLE 1. SUBJECT

The AAvapo ® company's activity is online sales of electronic products for vapoter and all accessories related to these products.
These Terms and Conditions are intended to define the rights and obligations of AAvapo ® and its Internet customers (hereinafter "Customer") for the purchases made by them on its websites www.aavapo . fr or www.aanoxx.com (hereinafter "The Website").

In case of modification of these Terms and Conditions, the version applicable at the date and time of recording of the order is applicable to the Customer.
By purchasing products through this website, the Customer expressly and unreservedly accept these Terms and Conditions.


ARTICLE 2. PRODUCT OFFERING 

 

2.1 : Nature of products

AAvapo ® sells both standard products and customized products adapted to the needs of the Customer (hereinafter referred to as the "Products").
The products marketed by AAvapo ® meet the French and European standards.

2.2 : Overview

AAvapo ® ‘s Standard Products are accessible from the headings "Electronic Hookah", " AANOXX ® Cartridges," "Accessories," and horizontal menu of the Website.
They are individually designated and identified by using photographs. Each product is accompanied by its user manual and may be accompanied by a video to explain its installation or use.
The list of items can be tailor-made in the future and will be available under "AANOXX ® custom" Website.
Within the limits of the technology, photographs posted by AAvapo ® tend to faithfully illustrate the product.

2.3 : Period of validity 

All our online offers are valid during their presentation on the website. AAvapo ® reserves the right to change their prices at any time, the valid price is the tariff when the order is being registered.

2.4 : Territorial Scope 

Theses products are offered only for online purchases shipped to mainland France.

2.5 : Prices

All our product prices shown on the website are in Euros, all taxes are included in the price except the shipping fees. The shipping fees are given separately, before you confirm your order.

2.6 : Availability

In the assumption that the Customer has ordered a product which is out of stock, AAvapo ®  will contact the Customer by e-mail immediately, and inform the Customer of the expected additional delivery time. The Customer is within his rights to cancel the order by e-mail, at the e-mail address mentioned in General Conditions of Article 18, within two (2) days from this information.


ARTICLE 3. CREATE A CLIENT ACCOUNT 

Prior to the first order on the Website, the Customer must create a client account where he informs his personal data and determines its account password. All essential information is marked with an asterisk.

The Customer is responsible for the entered information during the creation of his account.

For all subsequent orders, the Customer can access the online store by clicking on the heading "My Account" which represented by an icon of a character in the header of the site and then specifying his account username, which is his e-mail address, and password.


ARTICLE 4. ORDER

To place an order, the Customer must be an adult and have the legal ability to make a contract. The Customer places an order with AAvapo ® using the following procedure:
► On the home interface of the website, the Customer clicks in the first place on the product of their choice;
► The Customer selects the products that he wishes to order;

► Once the shopping basket is complete, the Customer clicks the tab" Submit My “ basket”.
► For first time orders, the Customer must create an personal account by clicking on the tab " Create Account". If he has already created a personal account, he must indicate his username and password (unless the Customer is already in his account);
► Then, the Customer must fill in the following information about the order, ie the billing address and the delivery address, and then click on the button: "Next" ;
► A summary of the order will be shown and then the Customer is able to check and correct it if necessary ;
► After having accepted all Terms and Conditions by ticking the box provided for this purpose, The Customer confirms the final order by clicking: "Submit My Order ".
► The Customer shall then pay the total amount of the order.


ARTICLE 5. PAYMENT

All orders placed on this website are payable immediately via the interface OGONE by:
► Credit Card, CREDIT CARD, VISA, MASTERCARD
► Credit card with Paypal account
or by the following method:
► Bank Transfer
► cheque

5.1 : In case of payment by credit card, with or without a Paypal account 

Payment is required at the time of online ordering.
AAvapo ® will ship the order once payment received.
In case of misuse of his credit card, the customer is required, upon the finding of such use, to call the telephone number listed in Article 18 hereof.

5.2 : In case of payment by check or bank transfer

The deliveryof the order will be processed after payment:
► After obtaining payment by bank transfer, credited to the account of the AAvapo ® company whose details are listed below:
BRED - Business Centre PARIS LA DEFENSE
Bank code: 10107
Bank sort code: 00118
Account number: 00728027340
key: 81

►    Or after cashing the check payable to "AAvapo Ltd" and sent to the following address: 

AAvapo SARL
Louis Vuitton Building - 5th floor
101, avenue des Champs Elysées
75008 Paris
France

The Customer has seven (7) business days to make the bank transfer or send a check to the address above. If after seven (7) working days, the bank transfer has not been credited to the bank account AAvapo ® or the check has not been received by AAvapo ®, the Customer's order will be purely and simply canceled.


ARTICLE 6. CONFIRMATION OF THE ORDER 

Within twenty four (24) hours of receipt of the Customer's order, AAvapo ® will acknowledge receipt by e-mail, with the number assigned to the order and the order summary.

The online order placed by the client does not imply the sales contract.

The sales contract is formed upon receipt of payment of the AAvapo ® order.

Upon receipt of payment, AAvapo ® will send a confirmation e-mail to the Customer, with the following details: the date of delivery of the Products and the way to download the invoice in his online account"My Account".


ARTICLE 7. DELIVERY

7.1 : Terms of delivery 

The customer determines the address of delivery. For delivery of the Goods to the indicated address specified by the Customer, AAvapo ® will use LA POSTE, unless otherwise requested by the client, for the delivery according to the Colissimo formula which requires a signature upon receipt of delivery. The Customer can request a delivery via UPS if desired.

The Client undertakes to sign the delivery order which will be submitted by the courier. The Client shall ensure to be present during the delivery. If the Client is absent, the package may be returned to AAvapo ® after a number of atempts depending on delivery option chosen.

It is clear that AAvapo ® will not take care of the re-delivery shipping costs.
In the package, you will find the invoice on ordered products issued by AAvapo ®.

7.2. Delivery periods

All orders are delivered within a maximum of four (4) working days for France after sending the delivered confirmation e-mail. For deliveries in outside metropolitan France, AAvapo ® will specify the approximate time of delivery after confirmation of your order.
In case of foreseeable delays in delivery, AAvapo ® shall notify immediately the Customer by e-mail and will an estimate of the additional delivery time.

Assuming that the anticipated delay exceeds seven (7) days compared to the initial delivery date, the Customer will have the opportunity to request a cancellation of the order and ask a full refund of his money, subject to making this request to AAvapo ® by sending a registered letter with an acknowledgement of receipt to the address which is listed in Article 18 hereof, in accordance with Article L.114-1 of the French Consumer Code. This provision does not apply when the delay is due to a force majeure, or the fault of the Client.

As soon as the Client becomes aware of a delay in delivery, which has not been forewarned by AAvapo ®, it is his responsibility to inform AAvapo ® by e-mail or by registered mail with acknowledgment of receipt, using the information listed in Article 18 of this letter . AAvapo ® will contact the carrier to start an investigation into the situation of the parcel. AAvapo ® will indicate to the Client, by email, the new delivery time. If the time does not suit the Client, they may request a cancellation of the order and obtain a refund, by mail or by registered mail with acknowledgment of receipt, using the address mentioned in the Article 18 hereof, within two (2) working days of knowledge of the new delivery time.

AAvapo ® will refund the Customer within thirty (30) days from the request of cancellation of the Customer's order


ARTICLE 8. RIGHT OF WITHDRAWAL

Pursuant to Article L.121-20 of the French Consumer Code, any Customer who has a status of consumer has a right of withdrawal within seven days, from receipt of the Products. When this period expires on a Saturday, Sunday or on a public holiday, it is extended until the next business day.
Pursuant to Article L.121-20-2 of the French Consumer Code, any right of withdrawal is nevertheless excluded for personally made products, at the express request of the Customer.
To exercise the right of withdrawal only on ordered standard products, the Customer must, within the above-stated time, send a registered letter, with acknowledgment of receipt, to the address of the registered office of AAvapo ®, as specified in the Article 18 hereof.

The Customer must also return the Products to the same address, in their original packaging, unused and in perfect condition, without any trace or mark, with all accessories (including instructions), within the withdrawal period.
AAvapo ® will refund to the Client all the corresponding amounts paid in the order, within a maximum of thirty (30) calendar days following the date on which the Customer has exercised his right of withdrawal.
If all the conditions required for the return of the Products are not met, AAvapo ® can deduct from the amounts to be reimbursed, if necessary, a portion of the sale price equal to the sale price of the missing products, or the repair, replacement and / or rehabilitation of the products eventually degraded.
The costs of returning the products remain the responsibility of the Customer.


ARTICLE 9. VERIFICATION OF PRODUCTS 

It is the responsibility of the Customer to check the status of the packaging of each of the Products ordered and the number of Products, upon receipt.
If the Client finds that products are missing or damaged, they must send AAvapo ® the claim form, via the contact form, by e-mail with acknowledgment of receipt or by registered letter with acknowledgment of receipt, using the coordinates specified in Article 18 hereof within forty-eight (48) hours from the receipt of the Products.

If products are damaged, the Customer must join to the claim form one or more photos showing the damage occurring to the Products, and forward, at their own expense, the damaged Products to AAvapo ®. If the packaging is damaged, the Customer must also submit a claim to the company responsible for its delivery, within forty-eight (48) hours worked from receipt.
AAvapo ® will send the missing and / or replacement of damaged goods within the period specified in Article 7.2, after receipt of the above information and after verification.

Failing complaint submitted by the Customer to AAvapo ® within forty-eight (48) working hours, Products delivered will be deemed to comply with the order. 


ARTICLE 10. LIABILITY AND WARRANTY 

AAvapo ® is responsible for conformity defects and hidden defects of the Products, subject to the conditions set out in Articles L.211-4, following the French Consumer Code and by Article 1641 of the French Civil Code.

The legal warranty against latent defects is expressly excluded if the Customer has used the product wrongfully and / or not in accordance with its destination as well as instructions and recommendations contained in the operating instructions provided with the Product at the time of its sending.
Products benefiting from a commercial guarantee are identified as such on the website. Commercial warranty includes replacement of defective parts, labor, transportation of component parts and of the Product or, if necessary, exchange the product.

The following are excluded from the commercial guarantee:
► Damage resulting from failure to follow instructions contained in the operating manual for use of AAvapo ®;
► Damage due to improper use or use for which the product is not intended. 

AAvapo ® remains liable for defects of conformity of the product with the contract and latent defects in accordance with articles 1641 to 1649 of the French Civil Code.

To implement these guarantees, the Customer must send to AAvapo ® the claim form via the contact form on the Internet website, accompanied, if necessary, by photographs showing the hidden defect in the product, by registered letter with acknowledgment of receipt, using the contact details provided in Article 18 hereof. After its return, the product will be exchanged with a replacement.

La responsabilité de AAvapo® ne peut être recherchée lorsque l’inexécution du contrat de vente en ligne résulte d’un cas de force majeure, telle que défini à l’article 11 des présentes Conditions Générales de Vente, ou d’une faute du Client.


ARTICLE 11. CASE of ABSOLUTE NECESSITY

In the event of a case of absolute necessity preventing AAvapo ® from performing its obligations, the online sales contract will be immediately suspended, from notification by AAvapo ® Customer by e -mail or by registered letter with acknowledgment of receipt, without prejudice for the client for his ability to exercise the right of withdrawal provided for in Article L.121-20 of the French Consumer Code.

AAvapo ® will notify the Customer of the termination of the event preventing the execution of the contract, by e-mail or by registered letter with acknowledgment of receipt, and the contract of sale online will resume immediately on the date of such notification.

It is understood in case of absolute necessity that any event making either impossible or manifestly more difficult to perform the fulfillment of an obligation due to the unpredictable and irresistible character outside of this event, such as fires, floods, blocks in the road, traffic or other supply disruptions of energy, blockages of telecommunications and computer networks, ... and any other event considered by law or jurisprudence as a case of force majeure.


ARTICLE 12. PROTECTION OF PERSONAL DATA 

12.1 : Security and Privacy 

AAvapo ® has implemented security measures to protect personal data of client against unauthorized access by third party or misappropriation of its network and database. However, AAvapo ® can only guarantee that personal data will not be intercepted while the transit over the website.

AAvapo ® guarantees the Client, on the one hand, the confidentiality of personal data he communicates and, secondly, the lack of transmission of such personal data to third parties.

12.2 : Purpose of the use of your personal data 

AAvapo ® collects the customer’s information and personal data (name, address, ...) for handling his order and establishing his bill.
AAvapo ® may use this data for internal statistics to improve the quality of service which AAvapo® provided to his clients, but AAvapo® ensures to retain the data just for the time necessary to achieve these statistics, in accordance with his legal obligations.

AAvapo ® can also contact the Client, by using the email address he provided, with information about new products available for sales and promotions. If the Client does not want to receive such messages, it is possible to indicate by un-checking  "I want to receive regular news by mail" when he registered. Similarly, if the client does not wish to receive these messages any more, he has the ability to change his choice by contacting customer service via the contact form on the website.

The collection and processing of personal data or personal aforementioned data have previously been subject to a simplified AAvapo ® declaration with the National Commission for Computing and Liberties (CNIL) statement, according to the simplified standard number 48, after the deliberation of the CNIL n ° 2012-209 of 21 June 2012, establishing a simplified standard for automated processing of personal data relating to file management and client leads.

12.3 : Right of access, correction and deletion of personal data 

In accordance with the legislation No. 78-16 of 6th January 1978,” relative to dada processing, data files and individual liberties, the Client  has right of access, correction, modification and deletion of his personal data, that it may be exercised at any time by visiting the "My Account".


ARTICLE 13. INTELLECTUAL PROPERTY

The contents of the Website, including software, trademarks, logos, graphics, photographic elements, video or audio contained therein are the property of the company AAVAPO ® LLC or are used with permission of their owner.
All duplication of any content of this Website, in whole or in part, is only authorized for exclusive information of the Internet user for their personal and private use. Any duplication for other purposes, regardless of the medium or the method of distribution, is prohibited expressly.


ARTICLE 14. LINKS TO THIRD PARTY SITES 

The Web site may contain hypertext links to other independent third-party web site. Such linked sites are not under AAVAPO ® LLC’ control,and AAVAPO ® LLC is not responsible for and does not endorse the content of sunch liked site, including any information or materials contained on such linked sites.


ARTICLE 15. WAIVER 

The absence of reliance on a portion of the breach of contract by the other party shall be construed as a waiver of its right to ask him later execution or rely on the following failures.


ARTICLE 16. INTERPRETATION

The cancellation of one or more clauses of this contract by Judge does not affect the validity of the other provisions.


ARTICLE 17. APPLICABLE LAW

This contract is submitted  to the French law.


ARTICLE 18. CONTACTS

For any question or any claim relative to delivered products or order, the Client can contact AAvapo ® at:

AAvapo SARL
Louis Vuitton Building - 5th floor
101, avenue des Champs Elysées
75008 Paris
France
E-mail: serviceclients@aavapo.fr
Phone: +33 6 60 67 95 35


ARTICLE 19. LEGAL NOTICE

Pursuant to the provisions of Article L.211-15 of the French Consumer Code, reproduced below in Articles L 211-4, L 211-5 and L 211-12 of the French Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the French civil Code, the Customer expressly acknowledges having been aware of before his ordering.

CONSUMER CODE:

Article L211-4 :

Le vendeur est tenu de livrer un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance.

Il répond également des défauts de conformité résultant de l'emballage, des instructions de montage ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité.

Article L211-5 :

Pour être conforme au contrat, le bien doit :

1° Etre propre à l'usage habituellement attendu d'un bien semblable et, le cas échéant :

- correspondre à la description donnée par le vendeur et posséder les qualités que celui-ci a présentées à l'acheteur sous forme d'échantillon ou de modèle ;

- présenter les qualités qu'un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l'étiquetage ;

2° Ou présenter les caractéristiques définies d'un commun accord par les parties ou être propre à tout usage spécial recherché par l'acheteur, porté à la connaissance du vendeur et que ce dernier a accepté.

Article L211-12 :

L'action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien.

CODE CIVIL :

Article 1641 :

Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l'usage auquel on la destine, ou qui diminuent tellement cet usage que l'acheteur ne l'aurait pas acquise, ou n'en aurait donné qu'un moindre prix, s'il les avait connus.

Article 1648 :

L'action résultant des vices rédhibitoires doit être intentée par l'acquéreur dans un délai de deux ans à compter de la découverte du vice.