Definitions

Terms beginning with a capital letter and defined below will have the meaning attributed to them below, when they are written with a capital letter in these General Conditions.

Customer: User purchasing or having purchased a Product

General Conditions: General Conditions of Sale and Use of the Site for the sale of Products

Order: Step during which the Buyer Orders a Product on the Site

Product: Article subject to a sale offer on the Site by the Seller, through a

Site Product Sheet: VAPSULA™ website located at the address http://www.vapsula.com

Legal Notice

The Site was published by A.Y. VAPSULA™ with a capital of €1,000 whose head office is located at 11 Rue Weber, Paris, France, 75116. VAT number: FR10951574623. Email: support@vapsula.com

Application and opposability of the General Conditions of Sale and Use

The Customer must read the General Conditions before browsing our Site.

Any access or use of the latter implies compliance with and unreserved acceptance of all the General Conditions of Sale and Use. In the event that you do not wish to accept all or part of these, you are asked to renounce all use of this Site.

VAPSULA™ reserves the right to modify the terms, conditions and notices of the General Conditions of Sale and Use as well as the legal notices. These modifications are deemed to be accepted without reservation as soon as you access the Site, after this posting.

The Customer acknowledges that these General Conditions of Sale constitute a complete and exclusive agreement between him and VAPSULA™ as to his use of the Site.

The offers of VAPSULA™ present on the Site are intended solely for individuals. VAPSULA™ reserves the right to refuse the benefit of its offers to any professional reseller and to cancel at any time, from the date of the Order and for a period of twelve (12) months following the scheduled date of delivery, any Order placed by a professional.

Any Product available on the Site as well as any sample are intended solely for personal use. The customer therefore undertakes not to sell or resell the Products and samples of VAPSULA™ that he buys or receives.

Terms of Sales

SECTION 1.

ORDERS AND VALIDITY OF OFFERS

1.1 ORDER PROCEDURE

A detailed description of the Products is available when individually viewing each of them on the Site.

The system thus put in place assumes an active approach on the part of the Client. It complies with the legal requirements for online sales and consumer protection.

To Order Products, the Customer must enter the Product sheet of the items he wishes to buy by clicking on their photo. He then chooses the desired quantity, then clicks on "Add to basket". Their choices will be automatically added to their basket. He can consult the latter at any time at the top right of each page.

The Customer must then validate his basket by clicking on “Payment”. He must fill in the required information concerning delivery and payment by credit card. It may have a different billing address than the delivery address.

The Customer must then verify the information he has just entered and click on “Buy”.

If one of the previous elements is forgotten, the Customer's Order will not be valid.

1.2 ORDER ACCEPTANCE

VAPSULA™ undertakes to accept Orders placed on the Site, within the limits of available stocks, under the terms hereof, which the Customer must declare to have read when validating the Order.

In accordance with articles L.111-1 and following and L.121-17 of the Consumer Code, the Customer acknowledges having been able, before the conclusion of the contract, to know the essential characteristics of the Products (nature, quantity, substantial qualities ...), their price, the methods of payment accepted, the delivery time and restrictions, the time limit, the conditions and procedures for exercising the right of withdrawal as well as the cases of exclusions for exercising this right (for more information on the exercise of this right see article 5 below).

The fact that the Customer pays for his Order and confirms it by clicking on the "Buy" button implies full acceptance of these General Conditions. The latter will be the only ones applicable to the contract thus concluded.

For any purchase on our Site, a confirmation e-mail is sent to the Customer mentioning the number of his Order and the details of the Products ordered. Once the Order has been taken care of, the Customer receives an e-mail with the information that will allow him to follow the delivery of the Products.

1.3 RESTRICTIONS

In the event of a stock shortage, VAPSULA™ undertakes to inform the Customer thereof, as soon as possible, by e-mail to the e-mail address he has indicated. VAPSULA™ will inform him of the supply times necessary to obtain the desired Product or will offer him a replacement Product of equivalent value.

VAPSULA™ is not able to manage backorders: if a Product is out of stock without a specific restocking period, VAPSULA™ will offer the Customer a refund for the Product ordered, via the payment method used when placing the Order.

Any Order will only be taken into consideration after receipt of full payment for the Products and will be confirmed by VAPSULA™ by e-mail.

VAPSULA™ reserves the right to cancel all Orders that are non-compliant, suspicious, or placed in bad faith. In addition, VAPSULA™ reserves the right to refuse any Order from a Customer with whom there is any prior or ongoing dispute.

Special case of subscriptions:

Regular delivery of ordered goods with a choice of different delivery intervals (1 month or 2 months).

The duration of the contract is unlimited and the contract can be terminated at any time by contacting VAPSULA™ by email at vapsula@gmail.com at least 3 days before the renewal of the subscription.

Parcels are sent on the same day each month, starting on the day the subscription is taken out, provided that this day does not fall on a weekend.

1. Monthly Subscription for an indefinite period

When taking out a Subscription, it is the Customer's responsibility to ensure that the Subscription meets his needs and choices.

The Subscription can be subscribed within the framework of promotional operations set up punctually by VAPSULA™. The conditions relating to these operations are described below:

The Customer who subscribes to a monthly Subscription for an indefinite period will receive the products to which he has subscribed each month until the Subscription is terminated. In doing so, the Subscription is automatically renewed each month for an additional period of one (1) month, or two (2) months (depending on the type of subscription chosen by the Customer) unless terminated by the Customer under the conditions provided. to 3. below.

Payment for the Subscription will be made every month or two (2) months (depending on the type of subscription chosen by the Customer) by debiting the Customer's personal account entered when placing the Order.

2. Termination/Term of the Subscription

The Customer may terminate the monthly Subscription for an indefinite period at any time, this type of Subscription being without commitment of duration,by contacting VAPSULA™ by email at vapsula@gmail.com. The termination request must be sent to VAPSULA™ at least 3 days before the renewal of the subscription to take effect.

3. Terms of payment

In the event of subscription to a Subscription by the Customer, the Products will be delivered every month or two (2) months (depending on the type of subscription chosen by the Customer) to the Customer and payment will be taken each beginning of the subscription period. The Customer must ensure that he has sufficient funds to cover the payment of the Subscription. If he changes the means of payment during the Subscription, the Customer must make sure to update his information on the customer account. Failing this, the Subscription will be stopped or suspended by the Seller.

In the event of an impossibility to debit the sums due in payment of the order, for any reason whatsoever, the order will be cancelled or the Subscription stopped or suspended, without prejudice to the damages that the Seller may request to compensate for its harm.

The Customer must also update his address in the event of a move during the Subscription. The Seller will not be responsible if the Customer does not update his address in the event of a move. The cost of a second delivery of any order, under a Subscription, which must be returned due to the lack of updating of its delivery address by the Customer, will be invoiced to the Customer. Payment for the Services is made by credit card (Blue, Visa, Mastercard). The payments made will be secured by a data encryption procedure in order to avoid the interception of this information by a third party.

Payments made by the Customer are considered final after actual collection of the sums.

VAPSULA™ cannot be held responsible in the event of fraudulent use of the means of payment used on the Site or in the event of an error due to the payment system.

Each Renewal is subject to the withdrawal of the amount corresponding to the subscription from the Member's bank account.

In the event of refusal to debit, for any reason whatsoever, the Member must regularise his situation. Failing this, the next Renewal cannot be provided and the Service will be suspended by VAPSULA™.

SECTION 2.

PRICE

The prices displayed are expressed in euros and are inclusive of all taxes (VAT and all other taxes according to the rates applicable in France in force at the time of the Order).

These are net prices which include the price of the Products, handling, packaging and storage costs. The prices are valid on the date of validation of the Order. These can be modified later, without notice. They do not include participation in postage and delivery costs which may vary depending on the amount, the weight of the Order and/or the country of dispatch.

Under no circumstances will VAPSULA™ be required to bear additional costs related to the delivery of the Order, excluding transport charges described and invoiced when a Customer's Order is concluded on the Site. The price indicated in the Order confirmation is the final price expressed including VAT.

SECTION 3.

PAYMENT

3.1 PAYMENT TERMS

Payments are made by bank card.

The Customer's bank card will be debited when the Order is confirmed.

To this end, he guarantees that he is the holder of the bank card to be debited and that the name appearing on it is indeed his.

VAPSULA™ reserves the right to suspend any Order management or any delivery in the event of non-payment or a payment incident (wrong bank details, lack of funds in the Customer's account, etc.).

A paid invoice containing the various elements of the Order will be sent by email.

3.2 SECURING PAYMENTS

The payment security protocol used is Shopify Payment. It guarantees total confidentiality of personal information transmitted over the Internet. Thus, the information relating to the Customer's bank card is not kept on the Site and its payment can only be consulted in encrypted form using the SSL protocol (confirmed by the appearance of "https" in the URL displayed in its browser ).

The Customer's bank details are kept on the Shopify Payment company's server in encrypted form only and are only kept for the duration strictly necessary for the management of the Customer relationship and will in no case exceed 2 years from their last Order.

Saving the Customer's banking information is not mandatory for Ordering on the Site.

In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, and justifying his identity, to support@vapsula.com.

SECTION 4.

DELIVERY

VAPSULA™ guarantees that the Products have been subject to all the care necessary to ensure their conformity with the description appearing on the Site on the date of the Order.

VAPSULA™ delivers only in France (Corsica included), Åland Islands, Andorra, Austria, Belgium, Croatia, Czechia, Denmark, Faroe Islands, Finland, Germany, Gibraltar, Greece, Guadeloupe, Guernsey, Hungary, Iceland, Ireland, Isle of Man, Italy, Jersey, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Spain, Sweden, Switzerland, United Kingdom.

4.1 DELIVERY METHODS

Parcels are delivered by La Poste, Chronopost or Colissimo (depending on the Customer's choice) to the Customer's home or to any other address of their choice (to be specified in the delivery form).

In France (Corsica included), Åland Islands, Andorra, Austria, Belgium, Croatia, Czechia, Denmark, Faroe Islands, Finland, Germany, Gibraltar, Greece, Guadeloupe, Guernsey, Hungary, Iceland, Ireland, Isle of Man, Italy, Jersey, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Spain, Sweden, Switzerland, United Kingdom.

During a home delivery of more than 150 euros including tax by post, if the Customer is absent, a notice is left in his mailbox. The package will be kept at the post office closest to the delivery address for 15 days.

4.2 DELIVERY TIMES

VAPSULA™ undertakes to make every effort to deliver the Products ordered within the deadlines indicated when choosing the delivery. It is specified that Orders placed on the Site on Friday afternoon, Saturday or Sunday will only be processed the following Monday. In addition, Orders placed on the Site on a public holiday (French) will also only be processed on the following working day.

If the delivery deadline is exceeded by more than 48 hours (having taken into account the management and preparation time), except in the case mentioned above or force majeure, the Customer may:

- Either: notify the delay by email to the following address vapsula@gmail.com. In this case, VAPSULA™ will contact the postal services in order to carry out an investigation which will not exceed 30 days. At the end of the investigation, if the parcel has not been located, the Customer may choose between a return of the said Order or a refund of the amount of his Order.

- Either cancel his Order and request a refund, by sending an email to support@vapsula.com.

4.3 DELIVERY COSTS

The delivery costs are those indicated during the validation of the Order basket.

4.4 DELIVERY CONDITIONS

The Order is delivered to the delivery address that the Customer has chosen. The information stated and recorded during the Order is binding. In the event of an error in the wording of the recipient's contact details, the company VAPSULA™ cannot be held responsible for the impossibility in which it could deliver the Product(s) following this error. In addition, in this case, VAPSULA™ will not be able to make a second delivery. In addition, the price of the Order may be refunded to the Customer, after receipt of the return package at the VAPSULA™ warehouse.

The Products travel at the risk and peril of VAPSULA™. The risks are transferred to the Customer only at the time of delivery of the Products to the address indicated by the latter.

VAPSULA™ guarantees that the Products are in perfect condition when handed over to the carrier. In the event that the Products are damaged, the Customer's reservations must be made in writing to the carrier upon delivery, or at the latest 4 hours after this delivery. A copy of these reservations must be sent to VAPSULA™ by e-mail to the address support@vapsula.com.

If the above procedure has been followed, and if it is thus proven that the reservations are due to the fact that the package and the Products are damaged, VAPSULA™, at its option, will establish a credit note, reimburse the Customer for the price paid or good will make a new delivery of similar Products.

No return of Products not previously validated by VAPSULA™ will be accepted.

SECTION 5.

RIGHT TO RETRACT

In application of the provisions of articles L. 221-18 and following of the Consumer Code, the Customer has a right of withdrawal which he can exercise within a maximum period of fourteen (14) clear days from the day of receipt. of the Product(s) concerned or of the receipt of the last Product referred to in your Order if it was delivered in several instalments, without having to justify the reason. When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.

To exercise his right of withdrawal, he must send an email to the following address support@vapsula.com.

Customer service will then contact the Customer at the contact details provided in order to organise the return of the Products, the direct costs of which remain at its expense.

Packages should be returned to the following address:

EPILOG

40 rue Constantin Pecqueur

95150 Taverny

FRANCE

The refund will take place as soon as possible after receipt of the returned Product(s) and at the latest within 14 days of their receipt(s) and will be made via the payment method used. during the purchase.

However, reimbursement can only be made if the Product is returned in perfect condition, in its original packaging, accompanied by all possible accessories, instructions for use and documentation. In addition, Products unsealed and/or inseparably mixed with other Products will not be reimbursed.

The Customer will be the only one who can exercise this right of withdrawal. In the event of delivery to a person other than the Customer, this right cannot therefore be exercised by the recipient of the Order.

SECTION 6.

COMPLIANCE - GUARANTEE AGAINST HIDDEN DEFECTS

COMPLIANCE

The products are subject to the conditions of the legal guarantees provided for in articles L. 211-4 to L. 211-16 of the Consumer Code. Thus, in accordance with Article L. 211-4 of the Consumer Code, VAPSULA™ is required to deliver to its Customer goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. VAPSULA™ is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.

Pursuant to Article L. 211-5 of the Consumer Code, to comply with the contract, the good must: 1) Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the Site and possess the qualities that it has presented in the form of a sample or model; present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2) or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

However, the Customer is solely responsible for the choice of products and their conservation from delivery and use. Under no circumstances can VAPSULA™ guarantee that the Order meets the Customer's specific expectations.

GUARANTEE OF HIDDEN DEFECTS

Pursuant to the provisions of articles 1641 and following of the Civil Code, VAPSULA™ is bound by the guarantee against hidden defects, i.e. "hidden defects of the thing which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known of them”.

In the event of an action under the legal guarantee of conformity:

In the event of non-compliant delivery, the Customer has up to twenty-four (24) months after the date of delivery of the Products to act. Furthermore, it is exempted from providing proof of the existence of the lack of conformity during the six (6) months following the delivery of the Products.

In the event of a lack of conformity, he can choose between the repair and the replacement of the Product. However, the Site may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the Product or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.

In the event of implementation of the guarantee against hidden defects:

In accordance with article 1644 of the Civil Code, the Customer has the choice of returning the Product and having the price returned or keeping the Product and having part of the price returned, as determined by experts. The action resulting from redhibitory defects must be brought by the buyer within two (2) years from the discovery of the defect, in accordance with article 1648 of the Civil Code.

SECTION 7.

RETENTION OF OWNERSHIP

In accordance with the law of May 12, 1980, the Products delivered to the Customer are sold subject to retention of title. The transfer of ownership is subject to full payment of the price of the Products, on the due date agreed between the parties.

The Products therefore remain the property of VAPSULA™ until full payment of the Orders.

Terms of use

SECTION 8.

RESPONSIBILITY

VAPSULA™ undertakes to provide all the care necessary for the implementation of the service offered to its Customers.

The Site provides the Customer with information (photos, texts) for information only, as is, with all their imperfections, errors, omissions, inaccuracies and other ambiguities that may exist and are in no way contractual. In addition, this information must be taken into consideration when it is put online and not when consulting the Site.

VAPSULA™ declines all responsibility:

- In case of out of stock or unavailability of the Product;

- In the event of disruption, total or partial strike, in particular of postal services or means of transport and/or communications;

- For any interruption, malfunction or unavailability of access to the Site;

- For any misuse or misconfiguration of the Customer's computer;

- For any damage of any nature whatsoever, resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Site;

- For any failure due to a case of force majeure as defined by article 1218 of the Civil Code and in particular, without limitation, disasters, strikes, fires, floods, failures or breakdowns of equipment of the means of

transport, communication or because of the actions of the Customer;

- For any indirect damage such as, in particular, loss of profits, loss of earnings, loss of data, or customers which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use.

In any case, whatever the reason for the questioning of VAPSULA™, its liability is limited to the lower of the two sums: (1) amount of the direct damage suffered by the customer or (2) price of the Order .

SECTION 9.

PROTECTION OF PERSONAL DATA AND COOKIES

VAPSULA™ collects personal data when using the Site.

Use of cookies:

The Site may need to request the acceptance of cookies for statistical and display purposes. A cookie is information placed on the hard drive by the server of the site visited. It contains several data that are stored on a computer in a simple text file that a server accesses to read and save information.

Some parts of the Site cannot be functional without the acceptance of cookies

Protection of personal data :

In general, the Customer is not required to communicate his personal data when simply visiting the Site. However, this principle has certain exceptions. Indeed, for certain services offered by the Site (purchase, contact), the Customer may be required to communicate certain data such as: surname, first name, email address, postal address and telephone number. This is the case when the Customer completes the sales form or the contact form. In any case, the Customer may refuse to provide his personal data. In this case, you will not be able to use the services of the Site. Finally, VAPSULA™ may automatically collect certain information when simply browsing the Site, in particular: information concerning the use of the Site, such as pages visited and services used, IP address, browser type, access time. Such information is used exclusively for internal statistical purposes, so as to improve the quality of the services offered. The databases are protected by the provisions of the law of July 1, 1998 transposing directive 96/9 of March 11, 1996 relating to the legal protection of databases.

SECTION 10.

INTELLECTUAL PROPERTY

The use of this Site is reserved for strictly personal use. In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this Site and all elements, brands, designs, models, logos, graphics, etc. found on this Site as well as their compilation are the exclusive property of VAPSULA™ or its suppliers, the latter granting no licence or any right other than that of consulting the Site. VAPSULA™ recalls that any reproduction, use or modification, partial or total, of any element of the Site is strictly prohibited, except with the prior, special and express authorization of VAPSULA™. Consequently, VAPSULA™ may take legal action, in particular for infringement, against all those who, directly or indirectly,

SECTION 11.

CLAIM

For any questions about an order, VAPSULA™ customer service is available to its Customers via the "Contact" section. In the event of a dispute, all Customers must enter their Order number as well as the exact reason for their request. Investigations with La Poste to find out the routing of any package must not exceed 30 days. Beyond 2 months, after the opening of a "complaint" file, requests for reimbursement can no longer be taken into account.

SECTION 12.

DURATION AND VALIDITY

These conditions apply for the entire duration of the online publication of the Products and services offered for sale by VAPSULA.

These General Conditions may occasionally be supplemented by other articles or annexes.

VAPSULA™ reserves the right to modify its General Conditions at any time, without notice or obligation to justify its decision and without its liability being incurred as a result. The applicable General Conditions are those in force on the day of use of the Site by the User and/or on the day of the purchase of a Product by the Customer depending on the nature of the modification made to the General Conditions.

SECTION 13.

EVIDENCE

The computerised registers kept in the information systems of VAPSULA™ and its partners under reasonable security conditions, will be considered as proof of communication, Orders and payments made between VAPSULA™ and the Customer.

SECTION 14.

APPLICABLE LAW - DISPUTES

Only these General Terms and Conditions in French are authentic. In the event that they are translated into one or more other languages, only the French text shall prevail in the event of a dispute. The rights and obligations of the parties are governed by French law, and in particular by the rules of distance selling (articles L. 121-16 to L. 121-20 of the Consumer Code), the Law for confidence in the digital economy of June 21, 2004, the law relating to data processing, files and freedoms of January 6, 1978 and the rules relating to the mediation of consumer disputes (articles L. 151-1 and following of the consumer code National or cross-border disputes which may arise concerning the validity, interpretation, execution or non-execution.