BtoB General Terms and Conditions (GTC)
These general tems and conditions are entered into by and between, on the one hand, the company named JAPAPA SASU, with a capital of 10,000 euros, registered in the Lyon Trade and Companies Register under number 823 782 479 , whose registered offices are located at 20, rue de la Villette – Immeuble le Bonnel – 69328 Lyon (France), website owner of www.monavape.com, hereinafter referred to as "MONAVAPE", and, on the other hand, any professional client providing evidence of his/her e-cigarette-related activity and wishing to proceed with a purchase online via the MONAVAPE internet site www.monavape.com dedicated to e-cig professionals, hereinafter referred to as "the buyer".
These general terms and conditions are intended to define the contractual relationship between MONAVAPE and the buyer, and the terms applicable to any purchase made via the internet site of www.monavape.com.
Acquiring goods through this site implies the full acceptance by the buyer of these general terms and conditions. These general terms and conditions shall prevail over any other general or special terms not explicitly approved by MONAVAPE. MONAVAPE shall have right at any time to revise these terms of sale. In this case, the applicable terms will be those in force on the date of order by the buyer.
MONAVAPE reserves the right to suspend a customer’s order if the customer does not give evidence of his/her business activity or does not comply with the minimum invoice value.
The buyer agrees not to make any commitment on behalf of MONAVAPE, without MONAVAPE’s prior consent in writing.
Products and services for sale
Products and services, including their price tags, offered on this site are valid while displayed on the site and while supplies last.
Product availability will be definitively validated upon order shipping confirmation that will be sent to the buyer via e-mail. If an item is unavailable after the buyer has placed an order, MONAVAPE will inform the buyer by e-mail as soon as possible, upon receipt of information from the supplier(s) of MONAVAPE. If an item is out of stock or discontinued, the buyer shall be offered either another item of equivalent quality, characteristics and price than the first one, or the refund thereof processed without any undue delay.
The photographs shown in the catalogue give a true and fair view of the products and services for sale, but they are not contractual because they do not pretend to be a perfect reproduction of the physical products. Products include detailed descriptions to enable the buyer to understand the main characteristics of the goods. For further information, the buyer can contact MONAVAPE via phone or e-mail. Therefore, MONAVAPE shall not be held liable whenever errors occur without these affecting the main characteristics of the goods.
Electronic cigarettes (e-cigarettes or e-cigs), their accessories and consumables are not a medical aid to breaking nicotine addiction. MONAVAPE prohibits the sale of these goods to minors and do not recommend them to non-smokers, pregnant and breastfeeding women, and to people having an allergy to propylene glycol and vegetable glycerin.
E-cigarettes and e-cig liquids must be kept out of reach of children. Liquid solutions containing nicotine are marked as being poisonous on their packaging and are not recommended to people allergic to nicotine.
All products and services available on the internet site www.monavape.com comply with existing French legislation. MONAVAPE cannot be held liable in the event of any non-compliance with the laws applicable in the country where the products are delivered. It is the buyer’s obligation to verify if the laws in the country where the products are to be delivered allows the purchase of products sold by MONAVAPE.
The buyer declares to possess the ability to enter into this contract, i.e. he/she is of legal age and not under supervision or legal guardianship, and must show evidence of an e-cigarette-related activity.
When placing an order, the buyer must follow the instructions given on the site www.monavape.com. He/She agrees to fill out the registration and order form while ensuring that complete and accurate information is provided. At all events, the buyer is responsible for all information entered on the registration form and when placing an order. If an error occurs, MONAVAPE cannot be held liable for any failure or delay in the delivery of goods and services (e.g. incorrect address).
The order confirmation by the buyer leads to unreserved acceptance of these general terms and conditions and the acknowledgement and full awareness of the same.
The whole process including collected data, registered order confirmation, and its payment shall serve as evidence of the sale. The confirmation shall serve as signature and acceptance of the operations carried out. MONAVAPE will send confirmation of the placed order by e-mail.
Any request by the buyer to modify his/her order may only be taken into account if this request is made in writing and received prior to the order and invoicing process of said order. Any modification made to an order automatically leads to the cancellation of any terms previously accepted by MONAVAPE in terms of price, lead time, terms of payment and delivery arrangements. It may result in the order being entirely cancelled by MONAVAPE, without being required to pay any compensation.
Pricing and payment
All prices of goods and services displayed on the website are quoted in euros (€), and are exclusive of VAT (French HT), and they exclude shipping costs.
MONAVAPE reserves the right at any time to modify its prices. Products and services purchased are billed based on the price quoted as of the registered order. Shipping costs are shown in the cart and may vary depending on delivery location.
Payment in full shall be due upon ordering. No delivery will be processed until order is paid in full.
The buyer may pay using credit cards, Paypal or via bank transfer. The orders and choice of terms of payment are subject to a minimum purchase value. Money transfer payment must be made within 24 hours (the buyer must send the bank transfer operation as proof of payment) ; beyond this period, MONAVAPE shall have the right to cancel the order, so as to make the products therein available to other buyers.
Goods will be delivered to the address specified by the buyer at the time the order was placed. The delivery address can be different from the billing address.
Any undelivered parcel for addressee-related reasons (inaccurate or incomplete delivery address provided, unclaimed parcel with carrier, missing information on letterbox…) can be reshipped by MONAVAPE at buyer’s expense and after new shipping costs have been paid in full.
In the case of sales to a country outside France, MONAVAPE shall not be held responsible for packages being detained either at customs or any other control government authority in the country of destination. No compensation shall be demanded to MONAVAPE for any claim related to seizure or detention of goods.
MONAVAPE shall not be held liable for any non-compliance with the laws in the country of destination to which the goods are delivered. It is the buyer’s responsibility to verify if the laws of the State where he/she wants the goods to be delivered allow the purchase of goods supplied by MONAVAPE. The buyer takes full responsibility towards the legislation of his/her country and the country of delivery. MONAVAPE shall be under no responsibility nor commitment whatsoever towards the country of billing and delivery.
Goods are shipped without undue delay, as of order payment, and in the chronological order in which payments are received. MONAVAPE will make every effort to ship orders according to the delay schedule displayed on the site www.monavape.com. MONAVAPE is only bound by a best effort obligation; it shall not be liable for any damage resulting from shipment delay.
Delivery will be deemed effective by MONAVAPE upon delivery by the carrier to the buyer of the goods that have been ordered. Thenceforth, the risk is immediately transferred to the buyer. Thenceforward, no action could be brought. MONAVAPE agrees to contact the carrier if there is an issue with the delivery until the parcel is delivered (claim, new delivery arrangement...).
It is up to the buyer to review the packaging, contents and number of parcels and products upon order arrival. Inspection is deemed effective when the buyer, or a person authorized by him/her, has signed the delivery slip. It is up to the buyer to notify the carrier and make clear, detailed and precise comments on the delivery slip for any claim, any products damaged in transit, any failure, loss or delay thereof. The buyer shall confirm any and all claims to the carrier via certified mail with return receipt requested, within three (3) days, public holidays excluded, of receiving the goods.
MONAVAPE shall not be liable for any consequences incurred due to delays in delivery. Expected delivery time is for reference only. Hence, if non-compliance with delivery time, the buyer shall not be entitled to any damages under no circumstances from MONAVAPE .
The buyer is expressly informed that MONAVAPE is not the producer of the products offered for sale, within the meaning of Articles 1386-1 to 1386-18 of the French Civil Code on liability for defective products. All goods supplied by MONAVAPE are produced by producers that can be identified based on the information appearing on the packaging of said product.
Electrical equipment and clearomizers (out of breakage), come with a 1-year guarantee, from invoice date. All accessories and consumables, such as batteries / accu, atomizer heads or e-liquids can be neither returned nor exchanged.
In order for the warranty to apply, the buyer must send all the following items to MONAVAPE After-Sales Service (SAV) at the same time :
By VIDEO for a maximum of 30 seconds at firstname.lastname@example.org showing :
- packaging with import label
- the serial number
- the defect found
The subject of the email must contain the term "After-Sales Service" and the order number;
The body of the email must list the EANs and defects found for each product.
Before shipping, the buyer must carefully test the equipment and ensure that the problem encountered is not due to misuse.
Upon receipt of the video, and after validation, the customer's account will be credited with a credit note for the value of the product.
Any missing information results in a refusal of the guarantee.
By MAIL/PARCEL containing:
- the product (only the defective part and not the whole kit) in its original box including its serial number;
- purchase invoice from MONAVAPE ;
- warranty card issued with the product;
- a precise description of the problem encountered.
Prior to any return, the buyer needs to check the piece of equipment carefully to make sure that the problem encountered is not due to some misuse.
Any shipping costs « buyer à SAV MONAVAPE» are at the buyer’s expense.
The shipping address to which the product(s) should be returned:
128 bis avenue Jean Jaurès
Carré Ivry – Bât O10
94200 IVRY SUR SEINE
If the item is found to be faulty, a replacement item or another item of equivalent or higher quality, characteristics and price will be sent. « SAV MONAVAPE to buyer » shipping costs will be paid by MONAVAPE. If the item cannot be replaced, it will be reimbursed.
If the item is found to be operational or shows anomalies on the way it has been used (please see below) or was not supplied by MONAVAPE, then the item will be either returned at the buyer’s expense or returned during subsequent orders placed by the buyer with no additional cost. In this case, when placing a new order, the buyer shall immediately notify MONAVAPE by e-mail, so that these items can be added to the order (SAV or Customer support representatives do not have access to current orders).
Contractual guarantees do not cover the following circumstances:
- any abnormal or non-conforming use of products. The buyer should either refer to the instructions and details available on the website www.monavape.com and read them carefully or contact Customer service. MONAVAPE shall not be deemed liable for any normal wear and tear of the products; damages or accidents incurred due to negligence, poor maintenance or non-conforming use; consequential damages due to product modification, alteration or repair; malicious acts by buyer or third parties; failure to wash or clean the products in accordance with the specific instructions outlined in the manufacturer’s instructions for use ;
- defects and consequential damages due to repair by either persons not authorized by MONAVAPE or suppliers of MONAVAPE;
- defects and consequential damages related to any external cause ;
- contractual guarantee does not cover consumables such as mouthpieces, cartridges, atomizer heads, neck chains, cases, liquids for electronic cigarettes and other accessories and consumables.
All requests - claims, exchange or refund - must be made via regular mail to the following address :
128 bis avenue Jean Jaurès
Carré Ivry – Bât O10
94200 IVRY SUR SEINE
For any information or query, the buyer may contact MONAVAPE’s Customer service either by:
- telephone by dialing +33 (0) 6 46 98 47 58 or +33 (0) 1 46 70 34 20
- e-mail at the following e-mail address : email@example.com
Reservation of ownership
All goods supplied by MONAVAPE will remain its property until the buyer pays in full for them. However, the risk of the goods will pass to the buyer or the carrier at the time of the physical delivery of the goods.
The products offered for sale comply with current French legislation and standards applicable in France. MONAVAPE cannot be held liable for any non-compliance with the laws of the country where the products are delivered (such as, but not limited to, the banning of some products…). It is up to the buyer to check with the local authorities whether he/she can import or use the products that he/she wants to order.
Under no circumstances, including but not limited to negligence, shall MONAVAPE be liable to the buyer for any indirect, incidental, consequential, special, punitive or exemplary damages, even if the buyer has advised the supplier of the likelihood of such damages resulting either from the use of or inability to use the products bought on MONAVAPE’s website, including but not limited to any loss of revenue or anticipated profits or business.
MONAVAPE, as an online vendor, is only bound by a best effort obligation; it cannot be held liable for damages resulting from the use of the products or the use of the Internet such as loss of data, hacking, virus, disruption in service, or any other unintentional problem.
MONAVAPE should not be held responsible if the contract cannot be fulfilled due to any force majeure event such as, but not limited to, total or partial strike of postal and shipping services, and disasters caused by floods or fires.
All elements of the internet site www.monavape.com are and remain the exclusive intellectual property of MONAVAPE.
No one is permitted to reproduce, exploit, rebroadcast or in any way use all or any part of the site, whether they are text, software, visual or audio elements.
Links – simple or hypertext – are strictly prohibited, except as expressly permitted in writing by MONAVAPE.
Collection and use of personal data about the buyer are necessary to carry out the ordering process and business operations between MONAVAPE-buyer. Data may be disclosed to service partners for the good execution of the services and orders and facilitate order placement, delivery, processing and payment. Said data are also kept for security purposes, to comply with legal and regulatory requirements, and to allow MONAVAPE improving its services and customizing information sent to the Buyer.
In accordance with the French law relating to data processing, data files and individual liberties as of 6 January 1978, personal information about buyers may be processed through automated systems.
In accordance with the French « Informatics and Individual Liberties » Act, the processing of personal information about the customers has been filed with the CNIL (French Data Protection Authority).
The buyer may object to the use of personal information about him/her on simple request addressed to MONAVAPE. Likewise, in accordance with the Law of 6 January 1978, the buyer may, on simple request addressed to MONAVAPE, have free access to all the information concerning him/her, require that the data be corrected, completed or clarified, or erased, and he/she can exercise this right with MONAVAPE.
Archiving – Proof
Purchase orders and invoices processed at MONAVAPE are archived using a reliable and durable medium so as to serve as a true copy under the provisions of Article 1348 of the French Civil Code.
MONAVAPE’s electronic records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Settlement of disputes
These General Terms and Conditions shall be governed by French law and supersede all previously applicable terms.
Any dispute arising out of these terms shall be brought in the Commercial Court of Lyon (69), notwithstanding the introduction of multiple respondents or third party appeals.
RGPD: Protection of personal data
The CUSTOMER is the sole owner of the data, including personal data, which are processed by our services. In the event of termination of the contract, whatever the cause, the data, including personal data of the customer, will be fully returned if the latter requests it. MONAVAPE undertakes to comply with any written instructions from the CUSTOMER regarding the processing of his data (right of access, rectification, deletion, return, etc.).
MONAVAPE acts as a subcontractor for the processing of the CUSTOMER's personal data within the meaning of Article 28 of the EU Regulation 2016/679 and Article 35 of Law 78-17 of 6 January 1978. Consequently, MONAVAPE commits:
- Not to process the CUSTOMER's data other than under the terms of the Contract and
- No further processing of the CUSTOMER's personal data that is not provided for in the Contract, except on written instructions from the CUSTOMER.
The CUSTOMER remains the only owner of its data therefore MONAVAPE does not resell the data of its customers to third companies.
Under Article 28.3 h) al.2 of the EU Regulation 2016/679, any request by the CUSTOMER concerning the processing of personal data by MONAVAPE , which could lead to non-compliance with the RGPD, will lead to obligation for MONAVAPE to immediately inform the CUSTOMER. MONAVAPE reserves the right to refuse the CUSTOMER's instructions which it considers to be illegal within the meaning of Articles 82.2 and 82.3 of the EU Regulation 2016/679.
MONAVAPE remains solely responsible to the CUSTOMER for the performance of the services entrusted to a subcontractor (web host, developer, etc.) and is responsible, within the meaning of article 1120 (or 1204 of the new Civil Code), strict compliance with the provisions of the Contract.
According to the GDPR, personal data are stored and processed by MONAVAPE (and its subcontractors) on servers located exclusively in the territory of the European Union and are not subject to any transfer outside the Union European.
MONAVAPE is committed to ensuring the security and protection of the confidentiality of the CUSTOMER's personal data, in particular to prevent them from being distorted, damaged or communicated to unauthorized third parties. MONAVAPE undertakes to ensure, and to ensure compliance by any provider with the strictest confidentiality and the strictest security in the process of processing, storing and safeguarding the CLIENT's personal data, in accordance with the rules of the art, in strict compliance with the GDPR and in accordance with the provisions of the Contract.
In accordance with art.33.2 of EU Regulation 2016/679, MONAVAPE undertakes to inform the CLIENT without delay of any "violation" of personal data (unauthorized access, unauthorized copying, corruption of personal data files, etc.). .) of which he would be aware, for the CUSTOMER to inform the supervisory authority on which he depends, and when this violation "is likely to create a high risk for the rights and freedoms", to warn the persons concerned.