Terms and Conditions

These terms and conditions of sale are entered into, on the one hand, by the company UNICORN VAPE, registered in the Répertoire des Entreprises et des Etablissements under SIRET number 80842483200026 and, on the other hand, by any natural or legal person wishing to make a purchase through the unicornvape.com website, hereinafter referred to as “the buyer”.

1. Purpose

These terms and conditions of sale are intended to define the contractual relationship between UNICORN VAPE and the buyer, and the terms applicable to any purchase made through the company’s online shop, whether the buyer is a business or a consumer.
The purchase of goods or a service through this site implies the buyer’s unreserved acceptance of these terms and conditions of sale.
These terms and conditions of sale shall prevail over any other general or specific conditions not expressly approved by UNICORN VAPE.
UNICORN VAPE reserves the right to amend its terms and conditions of sale at any time. In such an event, the applicable terms shall be those in force on the date the buyer places the order.

2. Features of the goods and services offered

The products and services offered are those listed in the catalogue published on the unicornvape.com website. These products and services are offered while stocks last.
Products containing nicotine are strictly prohibited to minors.

3. Prices

The prices shown in the catalogue are inclusive of tax and stated in euros.
UNICORN VAPE reserves the right to amend its prices at any time, it being understood that the price shown in the catalogue on the day of the order is the only price applicable to the buyer.
The prices shown do not include order processing, transport or delivery charges. These are stated to the buyer before the order is finally confirmed.

4. Delivery area

Online sales of the products presented on this site are open to adult buyers residing in mainland France and in the countries served by UNICORN VAPE, as listed on the Delivery page, excluding countries whose regulations prohibit the distance selling of vaping products. It is the buyer's responsibility to ensure that importing and using the products ordered is permitted by the legislation of their country of residence.

5. Orders

A buyer wishing to purchase a product or a service must:

• complete the identification form, giving their contact details, or provide their customer number if they have one;
• complete the online order form, stating all the references of the products or services chosen;
• confirm their order after checking it;
• make payment under the conditions provided for;
• confirm their order and their payment.

Confirmation of the order entails acceptance of these terms and conditions of sale, acknowledgement of having full knowledge of them, and waiver of any right to rely on the buyer’s own purchasing conditions or on any other conditions.
All the data provided and the recorded confirmation shall constitute proof of the transaction. The confirmation shall constitute signature of, and agreement to, the operations carried out.
The seller will send confirmation of the recorded order by email.

6. Right of withdrawal

In accordance with the provisions of the French Consumer Code (Code de la Consommation), buyers who are natural persons acting for non-professional purposes have a withdrawal period of fourteen (14) days from receipt of their order in which to return the product to the seller for exchange or refund without penalty.

Return postage is payable by the buyer.

To exercise this right, the buyer must notify their decision to withdraw before the deadline expires, by means of an unambiguous statement (by email or post) or by using the model withdrawal form appended to these terms and conditions.

Exceptions to the right of withdrawal:
In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection (in particular opened e-liquids, used atomisers, etc.).

7. Payment terms

The price is payable when the order is placed.
Card payments are processed through a secure system using the SSL (Secure Socket Layer) protocol, so that the information transmitted is encrypted by software and cannot be read by any third party while it travels across the network.
A paper invoice will be sent to the buyer on request.

8. Deliveries and transfer of risk

Deliveries are made to the address stated on the order form, which may only be within the agreed geographical area.

UNICORN VAPE undertakes to deliver orders within a maximum of 30 days after the order is confirmed. Should that period be exceeded (other than for reasons of force majeure), the buyer may request cancellation of the sale and obtain a refund of the sums paid.

Where delivery is carried out by a carrier offered by UNICORN VAPE, UNICORN VAPE remains responsible for the proper performance of the order until the Customer (or a third party designated by them) takes physical possession of the goods.

In the event of loss, damage or non-receipt, the Customer contacts UNICORN VAPE, which handles the case and proposes the appropriate solution (a new shipment, a refund, or any other applicable legal remedy).

9. Legal Guarantees

All products supplied by the seller benefit from the legal guarantee of conformity (articles L. 217-3 et seq. of the French Consumer Code) and from the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code).

Legal guarantee of conformity:

The consumer has two years from delivery of the goods in which to invoke the legal guarantee of conformity should a lack of conformity appear. During that period, the consumer need only establish the existence of the lack of conformity, not the date on which it appeared.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee.
If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date the goods are replaced.
The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and be refunded in full upon return of the goods, if:

1. The trader refuses to repair or replace the goods;
2. The repair or replacement of the goods takes place after a period of thirty days;
3. The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods;
4. The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that an immediate price reduction or termination of the contract is justified. In that case, the consumer is not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to termination of the sale if the lack of conformity is minor.
Any period during which the goods are out of use for repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.
The rights set out above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

Guarantee against hidden defects:

The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. That guarantee gives the right to a price reduction if the goods are kept, or to a full refund upon return of the goods.

10. Liability

In the online sales process, the seller is bound only by an obligation of best endeavours. Its liability cannot, however, be entirely excluded in the event of a breach of its security obligations. UNICORN VAPE cannot be held liable for damage resulting from the use of the internet, such as loss of data, intrusion, viruses, service interruption or other involuntary problems, except in the event of proven fault on the part of the seller or of a breach of its obligation to keep the site secure.

11. Intellectual property

All elements of the UNICORN VAPE site are and remain the exclusive intellectual property of the company. No one is authorised to reproduce, exploit, redistribute or use, on any basis whatsoever and even in part, any elements of the site, whether software, visual or audio.

12. Personal data and opting out of telephone marketing

UNICORN VAPE reserves the right to collect information about buyers. Users have the right to access, rectify and erase the data concerning them (Loi Informatique et Libertés and GDPR).

Opting out of telephone marketing (Bloctel):
In accordance with articles L.223-1 et seq. of the French Consumer Code, a Customer who does not wish to receive marketing calls may register free of charge on the telephone marketing opt-out list at www.bloctel.gouv.fr.

13. Archiving

UNICORN VAPE will archive order forms and invoices on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of article 1379 of the French Civil Code.

14. Consumer dispute mediation

In the event of a dispute, the buyer must first contact the company’s customer service by email ([email protected]) or by post. If the complaint made to customer service is unsuccessful, or if no reply is received within two months, the consumer may refer the dispute to the consumer ombudsman, who will endeavour, wholly independently and impartially, to bring the parties together with a view to reaching an amicable solution.

Ombudsman’s details:

CM2C

https://www.cm2c.net

CM2C, 49 rue de Ponthieu, 75008 Paris

APPENDIX - MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of UNICORN VAPE, 130 rue de Normandie, 92400 COURBEVOIE, [email protected]:

I/We (*) hereby give notice of my/our (*) withdrawal from the contract for the sale of the following goods (*)/for the provision of the following service (*):

Ordered on (*)/received on (*): ...........................................................

Name of consumer(s): ...........................................................

Address of consumer(s): ...........................................................

Signature of consumer(s) (only where this form is notified on paper):

Date: ...........................................................

(*) Delete as appropriate.

This English translation is provided for convenience only. In the event of any discrepancy or dispute, the French version shall prevail.