General Terms and Conditions of Sale

Please read all these general terms and conditions of sale carefully before ordering / purchasing a product on this website https://www.levapoteur-discount.fr.

By placing an order involving an obligation to pay for one of SAS LVD’s products, you automatically accept the provisions described below, as at the end of the order process you must click the button “I have read and accept the general terms and conditions of sale and the privacy statement”.

These general terms and conditions (also referred to as “GTC”) were updated and published online on 1 September 2026.

Please note that if you refuse these GTC, you will not be able to order the products offered on the website https://www.levapoteur-discount.fr.

In accordance with Articles L. 3513-5 and D. 3513-1 of the French Public Health Code, please note that it is prohibited to sell or offer free of charge vaping products to persons under eighteen years of age in tobacco shops and all businesses or public places.

SAS LVD, which supplies these products, will always require the purchaser to provide proof that they are of legal age.

This website https://www.levapoteur-discount.fr is published by SAS LVD, a simplified joint-stock company with share capital of €1,000.00, registered with the Marseille Trade and Companies Register under number 843 206 673, whose registered office is located at 23, rue Sylvabelle, 13006 Marseille.

SIREN: 843206673

SIRET: 84320667300033

Intra-Community VAT: FR02843206673

2. 1. Purpose of the GTC

The GTC apply exclusively to the online sale of SAS LVD products on the website https://www.levapoteur-discount.fr (hereinafter referred to as the “Website”).

2. 2. Scope of the GTC

The GTC exclusively govern online sales contracts for SAS LVD products (hereinafter referred to as the “Professional Seller”) to purchasers who are consumers (hereinafter referred to as “Consumers”), as well as to purchasers acting in a professional capacity (hereinafter referred to as “Professionals”). These GTC constitute contractual documents enforceable against the parties, to the exclusion of all other documents, brochures, catalogues or product photographs, which are for information purposes only.

The GTC apply to products delivered to Consumers and Professionals established in France and in European and international countries authorising the marketing and importation of vaping products (electronic cigarettes / e-liquids).

The GTC, together with all contractual information stated on the Website, are drafted in French.

2. 3. Availability and enforceability of the GTC

The GTC are made available to Consumers and Professionals on the Professional Seller’s Website, where they can be consulted directly. They may also be provided upon simple request at the following email address: [email protected], by telephone on +33 3 65 95 96 25, or by post at: 23 rue Sylvabelle, 13006 Marseille.

The GTC are enforceable against Consumers and Professionals, who acknowledge, by ticking a box provided for this purpose, that they have read and accepted them before placing an order.

Validation of the order / purchase by confirmation thereof constitutes the purchaser’s acceptance of the GTC in force on the date of the order. Their storage and reproduction are ensured by the Professional Seller in accordance with Article 1127-2 of the French Civil Code.

2. 4. Amendment of the GTC

The Professional Seller reserves the right to amend its GTC at any time.

In the event of an amendment to the GTC, the applicable GTC shall be those in force on the date of the order, a dated copy of which may be supplied upon request to Consumers and Professionals.

Any material amendment to these GTC will be brought to customers’ attention by any appropriate means, in particular by a visible update on the website.

2. 5. GTC clauses

The invalidity of a contractual clause shall not entail the invalidity of the GTC, unless it is an essential and decisive clause which led one of the parties to conclude the sales contract.

The temporary or permanent non-application of one or more clauses of the GTC by the Professional Seller shall not constitute a waiver by it of the other clauses of the GTC, which shall remain in full force and effect.

3. 1. Characteristics

The products offered for sale by the Professional Seller are vaping products governed by Articles L. 3513-1 et seq. of the French Public Health Code.

Vaping products include:

• electronic vaping devices, i.e. products, or any component of such products, including cartridges, tanks and devices without cartridges or tanks, which may be used, by means of a mouthpiece, to consume vapour which may contain nicotine. Electronic vaping devices may be disposable or refillable using a refill container and a tank, or using single-use cartridges;
• refill containers, i.e. containers holding a liquid which may contain nicotine and which may be used to refill an electronic vaping device.

Each product offered for sale and displayed in the catalogue published on the Website is accompanied by a description (prepared by the supplier or accessible via a link on the manufacturer’s logo to its website) stating its essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code.

Photographs illustrating the products do not constitute contractual documents.

3. 2. Instructions for use

The method of using the product, where this is an essential element, is stated in the electronic catalogue or, at the latest, on delivery.

3. 3. Compliance

The products comply with the regulations in force concerning the safety and health of individuals, fair trading practices and consumer protection at the time they are placed on the market.

The products comply with the requirements of French law in force at the time they are placed on the market.

The Professional Seller states that it is solely a distributor, and not a manufacturer, of the vaping products offered for sale to Consumers and Professionals via its Website.

In accordance with legal provisions relating to the statutory guarantee of conformity, the Professional Seller remains liable to Consumers for the conformity of products sold and is liable for defects in conformity existing at the time the goods are supplied under the conditions laid down by the French Consumer Code.

The manufacturer remains liable under the conditions laid down by applicable legal provisions, particularly with regard to product safety and liability for defective products.

The conditions for placing vaping products on the market are described in Articles L. 3513-7 et seq. and R. 3513-5 et seq. of the French Public Health Code.

The establishment procedures make it possible to certify that the product complies with the essential requirements of European directives and to affix the “CE” marking, which is a compulsory passport for the free movement of products within the European Community; in accordance with Decree No. 2015-1083 of 27 August 2015 concerning the making available on the market of electrical equipment designed for use within certain voltage limits and Decree No. 2015-1084 of 27 August 2015 concerning the electromagnetic compatibility of electrical and electronic equipment.

3. 4. Stock availability

Products are offered and delivered subject to available stocks.

In the event that an ordered product is unavailable, the Professional Seller shall immediately inform Consumers and / or Professionals. A refund is due as of right. However, if Consumers and / or Professionals agree, the Professional Seller may offer them a product of equivalent quality and price or, failing that, a voucher for the amount of the order or of the out-of-stock product, which may be used for any future order.

If the purchaser disagrees, the Professional Seller shall refund the sums paid within 14 days.

Other than reimbursement of the price of the unavailable product, the Professional Seller shall not owe any compensation unless it is personally responsible for non-performance of the contract.

3. 5. Online advertising of vaping products

All products displayed comply with regulations in force at the time of their first publication.

The Professional Seller may therefore not be held liable in the event of a subsequent amendment.

4. 1. Sale price

In accordance with Article L. 112-1 of the French Consumer Code, sale prices are stated for each product in the electronic catalogue in euros inclusive of all taxes, excluding delivery and transport charges stated before order validation and charged in addition.

The total amount due by Consumers or Professionals is stated on the order confirmation page.

The product sale price is the price in force on the date of the order.

The sale price of products does not include postage charges, which are charged in addition to the price.

4. 2. Amendments

The Professional Seller reserves the right to amend its prices at any time, while guaranteeing Consumers and Professionals the application of the price in force on the date of the order.

4. 3. Charges

Additional transport, delivery, postage or instalment-payment commission charges (to which any other charges borne by the Professional Seller must be added), of which Consumers and Professionals may have become aware prior to ordering, are stated on the order form.

5. 1. Scope

The online offers for sale displayed on the Website are reserved for Consumers and Professionals residing in France and in European and international countries authorising the marketing and importation of vaping products (electronic cigarettes / e-liquids), as well as for deliveries to those same geographical areas.

Orders placed from countries prohibiting the marketing of products referred to in Article 3.1 will not be validated.

5. 2. Duration

Unless a specific duration is stated, online offers for sale displayed on the Website shall remain valid for as long as products appear in the electronic catalogue and subject to available stocks.

5. 3. Acceptance

Acceptance of the offer by Consumers and / or Professionals is validated, in accordance with the double-click procedure, by confirmation of the order.

6. 1. Steps for concluding the contract

To place an order, Consumers and / or Professionals must first fill their virtual basket by indicating the selected products and desired quantities, then click the “Order” button and provide delivery and payment method information.

Before clicking the “Confirm order” button, Consumers and / or Professionals may check the details of their order and total price, return to previous pages to correct any errors, or amend their order where applicable.

Confirmation of the order entails acceptance of the GTC and forms the contract.

An email acknowledging receipt of the order and payment shall be sent by the Professional Seller as soon as possible.

6. 2. Order amendment

Any amendment to an order by Consumers and / or Professionals after confirmation of their order is subject to acceptance by the Professional Seller.

Once an order is being prepared, it can no longer be amended.

The Professional Seller reserves the right to make technical developments to the ordered product under the conditions provided for in Articles R. 212-4 and R. 212-5 of the French Consumer Code.

6. 3. Order validation

The Professional Seller reserves the right to refuse any order for legitimate reasons (a dispute with a Consumer and / or Professional concerning payment for a previous order) and, more specifically, where the quantities ordered are abnormally high for purchasers acting as Consumers.

7. 1. Conclusion

Confirmation of the order on the Website entails acceptance of the GTC and forms the contract.

The sales contract is concluded when Consumers and / or Professionals send confirmation of their order on the Website and pay for that order.

7. 2. Archiving and evidence

Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1360 of the French Civil Code. These communications, order forms and invoices may be produced as evidence of the contract.

7. 3. Termination

7. 3. 1. Provisions applicable to Consumers and/or Professionals

An order may be terminated by Consumers and / or Professionals by registered letter with acknowledgement of receipt or by writing on another durable medium in the event of:

• delivery of a product which does not comply with the stated product characteristics;
• delivery beyond the deadline specified on the order form or, in the absence of such a date, within thirty days of conclusion of the contract, after the Professional Seller has been instructed, under the same conditions and without result, to make delivery within a reasonable additional period;
• a price increase which is not justified by a technical modification to the product imposed by public authorities.

In these specific cases, Consumers and / or Professionals may request reimbursement of the total amount paid when placing the order on the website.

7. 3. 2. Provisions applicable to Professionals

The order may be terminated by the Professional Seller in the event of:

• refusal by Consumers and / or Professionals to take delivery;
• non-payment of the price (or balance of the price) at the time of delivery.

In the event of termination of the order for one of the above reasons, any deposit paid by the Professional Customer shall remain with the Professional Seller as compensation, without prejudice to any additional damages that may be claimed.

8. 1. Due date

The price is due in full after confirmation of the order.

With the exception of sums paid which are refunded where the ordered product is unavailable under the conditions provided for in Article 3-4 of the GTC, any amount paid in advance towards the price shall accrue interest at the statutory rate on expiry of a period of three months from payment until delivery of the product or, failing this, until repayment of the amount paid when ordering (Articles L. 214-1 et seq. of the French Consumer Code).

Payment is made immediately upon ordering by bank card or bank transfer. If payment by bank transfer is chosen, the seller’s bank details are displayed when ordering. The order will only be processed once funds have actually been received in the seller’s account.

8. 2. Provisions applicable to Professionals

The Website has an online payment security system enabling Consumers and / or Professionals to encrypt the transmission of their bank details.

In the event of late payment, any amount unpaid when due shall automatically accrue interest at the statutory rate, without formal notice.

Where the agreed price is not paid when due, the Professional Seller reserves the right either to demand performance of the sale or to terminate the contract by simple registered letter with acknowledgement of receipt and retain, as compensation, the deposit paid when ordering.

The Professional Seller shall retain ownership of products sold until the price has been paid in full. Until ownership has been transferred to them, Consumers and / or Professionals undertake to take all necessary precautions to preserve the products properly.

9. 1. Definition

Delivery means the transfer to Consumers and / or Professionals of physical possession or control of the goods.

Delivery begins when the product is dispatched and not when the order is validated.

9. 2. Delivery time

In accordance with the delivery deadline stated on the Website for each product, the Professional Seller undertakes to deliver products within thirty (30) days after receiving the order.

9. 3. Late delivery

Where the ordered product is not delivered or the service is not provided on the date or on expiry of the period stated on the order form, Consumers and / or Professionals may, after unsuccessfully requiring the Professional Seller to perform its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgement of receipt or by writing on another durable medium.

If, when ordering, Consumers and / or Professionals have not fully provided the Professional Seller with the required information (missing or incorrect information), thereby preventing dispatch, delivery or customs clearance, the Professional Seller shall under no circumstances be liable for a delay in delivery of the ordered product. In the event of delayed delivery of the ordered product due to missing or incorrect information provided when ordering, the Professional Seller shall not owe any compensation to Consumers and / or Professionals.

Furthermore, where Consumers and / or Professionals provide an incorrect delivery address, the Professional Seller – notwithstanding the carrier’s liability – declines all liability for lost parcels.

9. 4. Place of delivery

Products are delivered to the address stated by Consumers and Professionals on the order form.

9. 5. Delivery arrangements & time limit for making reservations

Delivery is made by handing the product directly to Consumers and / or Professionals or, failing that, by the Professional Seller sending a notice of availability to Consumers and / or Professionals.

Within fifteen (15) days of the notice of availability, Consumers and / or Professionals must collect the ordered product.

If the product is not collected within the stated time limit, the Professional Seller may, after formal notice to Consumers and / or Professionals has remained ineffective, terminate the order automatically. The financial consequences of such termination are governed by Article 9.12 of these General Terms and Conditions of Sale.

Where the product is delivered by a carrier to the address stated on the order form, Consumers and / or Professionals are responsible for checking the condition of the delivered product in the presence of the delivery driver and, in the event of damage or missing items, making reservations on the delivery note or transport receipt and, where appropriate, refusing the product and notifying the Professional Seller.

In accordance with Article L.216-5 of the French Consumer Code, the Customer is invited to check the condition and conformity of products upon receipt.

Any apparent anomaly, missing product, delivery error, damage or visible non-conformity must be reported to the Seller within forty-eight (48) hours, excluding public holidays, following receipt of the parcel, accompanied by the evidence required to examine the request.

After this period, claims concerning apparent anomalies or defects observable upon receipt may not be dealt with under the Seller’s commercial procedure.

These provisions are without prejudice to applicable statutory guarantees, in particular the statutory guarantee of conformity and the guarantee against hidden defects.

9. 6. Product conformity

If the product does not conform to the order, Consumers and /or Professionals must submit a complaint to the Professional Seller at the following email address: [email protected], in order to obtain replacement of the product or, where applicable, termination of the sale.

9. 7. Product unavailability

Where products are unavailable at the time of delivery, the Professional Seller may offer, under the conditions provided for in Article 3-4 of the GTC, an equivalent product in terms of quality and price or a reshipment of the product concerned.

If this is not possible, the customer will be informed that a credit note valid for 3 months will be made available. Failing this, a refund may be made at the customer’s request within 14 days of receiving the order.

9. 8. Failure to deliver

Total failure to deliver automatically terminates the sales contract, resulting either in a refund or reshipment at the Professional Seller’s expense.

9. 8.1 Evidence required in the event of a delivery dispute

For any order over 100 € delivered to a home address via Colissimo, in the event of a dispute regarding receipt (parcel declared delivered by the carrier but not received according to the customer), the purchaser must provide the following documents in order for an investigation to be opened:

a signed declaration on honour confirming non-receipt of the parcel (provided by after-sales service and to be completed by the customer),
a copy of valid proof of identity (corresponding to the delivery details),

Without receipt of all these documents, no investigation or compensation procedure (refund, reshipment of goods, credit note) may be initiated. This measure is intended to harmonise requirements already in place for Colissimo collection-point deliveries and deliveries via Chronopost, in order to prevent fraud and protect the company.

9. 9. Delivery and transfer of risk

The risk of loss of or damage to goods passes to Consumers and / or Professionals when they, or a third party designated by them, take physical possession of the goods, regardless of their nature.

A product delivered to Consumers and / or Professionals by a carrier selected by the Professional Seller travels at the Professional Seller’s risk.

A product delivered to Consumers and / or Professionals by a carrier selected by Consumers and / or Professionals travels at their risk from the time the goods are handed over to the carrier.

9. 10. Transfer of ownership

Ownership of the product is transferred to Consumers and/or Professionals upon full payment of the price when the order is placed.

9. 11. Spare parts

When purchasing the goods, the Professional Seller shall enquire about the period during which, or the date until which, spare parts essential to the use of the goods will be available.

9. 12. Unclaimed, refused or incorrectly addressed parcels

Where a parcel is returned for reasons attributable to Consumers and/or Professionals, particularly due to an incorrect or incomplete delivery address provided when ordering, a parcel not collected within the carrier’s availability period, or refusal of delivery not attributable to the Professional Seller, return charges may be invoiced to the Professional Seller by the carrier.

These charges, which are beyond the Professional Seller’s control, remain payable by Consumers and/or Professionals.

For guidance, applicable return charges are set at 2 € for delivery with Colissimo and 9 € for delivery with Chronopost, subject to the amount actually charged by the carrier.

Where a credit note is issued or the order is refunded following return of the parcel, the Professional Seller is entitled to deduct from the credit note or refunded amount the return charges actually incurred and invoiced by the carrier, provided that the return is exclusively attributable to Consumers and/or Professionals.

Where these charges are lower than the amount paid by the Consumer, the balance shall be due to the Consumer in accordance with the arrangements laid down by law.

Where these charges are equal to or greater than the amount paid, the amount paid may be retained up to the amount of charges actually incurred. In the latter case, if return charges exceed the amount paid, the Professional Seller waives the right to claim payment of the difference from the Consumer.

No additional charge shall be applied in respect of the return of the parcel beyond the amount actually paid by the Consumer.

The Consumer is entitled to request from the Professional Seller any evidence, in particular an invoice or equivalent document issued by the carrier, enabling verification of the amount of return charges actually invoiced and incurred. This request may be made by any means enabling proof to be retained.

If Consumers and/or Professionals wish to have their order reshipped after the parcel has been returned, reshipment costs shall be borne entirely by them.

These provisions do not apply where return of the parcel results from an error by the Professional Seller, a failure by the carrier, or the exercise by Consumers and/or Professionals of a right provided for by applicable legal or regulatory provisions, particularly the right of withdrawal. In this case, Consumers and/or Professionals shall benefit, as applicable, from a refund under the conditions laid down by law or, where this option is offered by the Professional Seller, from the issue of a credit note.

10. 1. Information for Consumers and Professionals

All products supplied by the Professional Seller benefit from the statutory guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code (concerning contractual relations between the Professional Seller and Consumers), the obligation to supply conforming goods provided for in Articles 1604 et seq. of the French Civil Code (concerning contractual relations between the Professional Seller and Professionals), or the guarantee against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.

10. 2. Application of the guarantee of conformity (for Consumers)

The Professional Seller is required to supply goods which conform to the contract and is liable for defects in conformity existing at the time of supply, in accordance with Articles L.217-3 et seq. of the French Consumer Code.

The Seller is also liable for defects in conformity resulting from packaging, assembly instructions or installation where installation was its responsibility under the contract or was carried out under its responsibility.

To conform to the contract, the goods must:

1° Be suitable for the purpose usually expected of similar goods and, where applicable:

• correspond to the description provided by the Professional Seller and possess the qualities presented to Consumers by way of sample or model;
• have the qualities which Consumers may legitimately expect in view of public statements made by the Professional Seller, particularly in advertising on the Website or labelling;

2° Or have the characteristics agreed by the parties, or be suitable for any particular purpose sought by Consumers, made known to the Professional Seller and accepted by it.

An action arising from a defect in conformity is time-barred two years after the goods are supplied.

When relying on the statutory guarantee of conformity, Consumers:

• have two years from the supply of the goods in which to take action;
• may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code;
• are not required to prove the existence of the lack of conformity of the goods during the twenty-four months following supply of the goods.

10. 3. Application of the obligation to supply conforming goods (for Professionals)

The Professional Seller is required, in relation to Professionals, to supply the products it sells and to guarantee the products sold.

In the event of a complaint by Professionals concerning the obligation to supply conforming goods sold by the Professional Seller, Professionals acknowledge that the provisions of the French Consumer Code are inapplicable (regarding the statutory guarantee of conformity) and acknowledge that they intend to be subject to Articles 1604 et seq. of the French Civil Code.

10. 4. Application of the guarantee against hidden defects

The Professional Seller is liable under the guarantee for hidden defects in the item sold which render it unfit for its intended use, or reduce such use to such an extent that Consumers and / or Professionals would not have acquired it, or would have paid a lower price for it, had they known of them.

An action arising from redhibitory defects must be brought by Consumers or Professionals within two years of discovery of the defect.

Consumers and / or Professionals may decide to invoke the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code. In that case, they may choose between cancellation of the sale and a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

11. 1. Exemption from liability

The Professional Seller may not be held liable in the event of non-performance or improper performance of the contract due either to the act of Consumers and / or Professionals, to an unavoidable and unforeseeable act of a third party to the contract (such as a carrier’s fault during delivery), or to force majeure.

The Professional Seller may not be held liable for the product’s non-compliance with legislation in the country of Consumers and / or Professionals, who are responsible for checking whether the product is prohibited from sale in their country.

Furthermore, Consumers and / or Professionals acknowledge that certain products sold by the Professional Seller on its Website contain cannabidiol (known as “CBD”).

Under Article R. 5132-86 of the French Public Health Code and the Order of 30 December 2021 implementing Article R. 5132-86 of the French Public Health Code, the sale of cannabidiol in France by the Professional Seller is fully lawful and authorised with regard to the use of flowers and leaves of cannabis varieties only with a delta-9-tetrahydrocannabinol (THC) content of less than or equal to 0.3 %, to produce extracts (e-liquids, oils, cosmetics) which themselves comply with this level.

However, where a Consumer and / or Professional purchases and consumes a product on the Professional Seller’s Website and drives a motor vehicle on land (whether moving or stationary), the Professional Seller may not be held liable or pursued in the event that the Consumer and / or Professional tests positive, following a test conducted by judicial authorities (saliva screening, saliva and / or blood test), for narcotic substances listed in the Order of 22 February 1990 establishing the list of substances classified as narcotics.

The Professional Seller reminds Consumers and / or Professionals that, under Article L. 235-1 of the French Highway Code, any person who drives a vehicle or accompanies a learner driver where a blood or saliva analysis shows that they have used substances or plants classified as narcotics is liable to two years’ imprisonment and a fine of 4 500 euros.

The Court of Cassation has held that Article L 235-1 of the French Highway Code criminalises merely driving after using narcotics (including after use of “CBD”), with the offence being established if it is proven that the defendant drove a vehicle after using a substance classified as a narcotic (such as “CBD”), regardless of the dose absorbed (Criminal Division of the Court of Cassation, 21 June 2023, No. 22-85.530).

If Consumers and / or Professionals consume a “CBD”-based product purchased directly on the Professional Seller’s Website, test positive for narcotics following a roadside check conducted by judicial authorities, and are subject to a criminal conviction for driving after using or under the influence of narcotics (such as “CBD”), Consumers and / or Professionals may never seek the Professional Seller’s civil or criminal liability.

Please note that although the products on this Website comply with applicable European regulations and have a THC content below the legal threshold of 0.3%, their consumption may result in traces of cannabinoids being detected during a screening test, potentially leading to a positive result in a toxicology test intended to detect the presence of cannabinoids.

11. 2. Product safety defect

In the event of damage caused by a product safety defect, Consumers and / or Professionals must seek liability from the manufacturer, identifiable from the information stated on the product packaging.

11. 3. Penalty clause

In the event of cancellation of the order by Consumers and / or Professionals after final validation thereof, fixed compensation corresponding to 4% of the order amount may be retained by the Professional Seller, subject to applicable legal provisions, particularly the right of withdrawal, and, as regards Professionals, where they are deemed to be consumers within the meaning of consumer law.

This compensation does not apply to Consumers who have validly exercised their right of withdrawal under the legal conditions.

For Professional Customers who are not considered consumers within the meaning of consumer law, this compensation applies automatically, without prejudice to any additional damages which may be claimed in the event of greater loss.

Termination of the order in the cases provided for in these GTC shall be effected by simple registered letter with acknowledgement of receipt or by electronic letter, and shall take effect automatically without legal formalities.

13. 1. No right of withdrawal for Professionals

Contracts concluded between the Professional Seller and Professionals do not in principle benefit from any right of withdrawal, unless the conditions of Article L. 221-3 of the French Consumer Code apply to contracts concluded between the Professional Seller and Professionals.

If the conditions of Article L. 221-3 of the French Consumer Code apply to Professionals, Article 13.2 of these general terms and conditions of sale shall apply to Professionals.

13. 2. Right of withdrawal for Consumers and no right of withdrawal for Consumers for certain products

Article L. 221-5 of the French Consumer Code requires prior information on the conditions, time limit and procedures for exercising the right of withdrawal, and provision of the standard withdrawal form, a model of which is provided in the annex to Articles R. 221-1, R. 221-2, R. 221-3, R. 221-4, the annex to Article R. 221-1 and the annex to Article R. 221-3 of the French Consumer Code.

The conditions, time limit and procedures for exercising the right of withdrawal are laid down in Article L. 221-5 of the French Consumer Code and Articles L. 221-18 et seq. of the French Consumer Code.

The information referred to in points 2°, 3° and 4° of Article L. 221-5 may be provided by means of the standard information notice set out in the annex to Article R. 221-3 of the French Consumer Code.

• Conditions, time limit and procedures for exercise

Consumers shall have the right to withdraw, without giving any reason, within fourteen (14) days of receiving the order.

The withdrawal period expires fourteen days after receipt of the order.

To exercise the right of withdrawal, Consumers must notify:

• their name, geographical address and, where available, their telephone number, fax number and email address;
• their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post, fax or email, provided that these contact details are available and therefore appear on the standard withdrawal form).

To comply with the fourteen-day withdrawal period, Consumers need only send their communication concerning exercise of the right of withdrawal before that period expires.

In all cases, the burden of proving such exercise rests with Consumers.

• Effects

Where Consumers withdraw from the contract, the Professional Seller shall reimburse all payments received from Consumers.

However, delivery costs for returning those products shall remain payable by Consumers.

The Professional Seller shall make the reimbursement using the same payment method used by Consumers for the initial transaction.

When exercising the statutory right of withdrawal, products must be returned complete, together with all accessories and instructions for use.

In accordance with Article L221-23 of the French Consumer Code, the Consumer may handle and test the product to the extent necessary to establish its nature, characteristics and proper functioning. Accordingly, the product must not have been used beyond what is necessary for that examination. According to the European Commission, such handling is that which a Consumer may carry out in a shop for goods offered for sale there.

The Consumer is liable for any reduction in the product’s value resulting from handling other than that necessary to establish its nature, characteristics and proper functioning.

The absence of original packaging does not prevent exercise of the right of withdrawal, provided that the product is returned under conditions ensuring its protection during transport.

The Professional Seller may defer reimbursement until receipt of the item(s) which are the subject of the order, or until Consumers have provided proof of dispatch of the item(s), whichever occurs first.

Model withdrawal form:

• No right of withdrawal for Consumers for certain products (Article L. 221-28 of the French Commercial Code)

In application of Article L. 221-28 of the French Consumer Code, Consumers acknowledge in relation to the Professional Seller that they may not exercise / benefit from any right of withdrawal, in particular for (i) the supply of goods made to Consumers’ specifications or clearly personalised, (ii) the supply of goods liable to deteriorate or expire rapidly, and (iii) the supply of goods unsealed by Consumers after delivery which cannot be returned for hygiene or health-protection reasons.

Without this list being exhaustive, for information purposes, Consumers may not benefit from a right of withdrawal for the purchase of the following products:

All equipment used and placed in Customers’ mouths, for hygiene reasons
All opened e-liquids
All opened e-liquids containing nicotine
Any products inseparable from one or more other products due to a mixture made by the Customer (example: concentrated flavouring, base, nicotine booster, additive…)

Under Article R. 543-171-1 of the French Environmental Code, vaping devices which constitute electrical and electronic equipment are subject to specific waste-treatment regulations.

Under Articles L. 541-10 et seq. and Article R. 543-195 of the French Environmental Code, the Professional Seller informs Consumers and / or Professionals that end-of-life, obsolete or non-functioning electrical and electronic equipment must not be disposed of in household rubbish bins or municipal sorting bins.

The purpose of these environmental regulations is to address health and environmental issues, as electrical and electronic vaping devices may contain substances or components hazardous to the environment (batteries and accumulators, greenhouse gases, components containing mercury, capacitors potentially containing PCBs, etc.), while also having significant potential for recycling their constituent materials.

The Professional Seller therefore undertakes to take back – free of charge – the old electronic / electrical vaping device purchased by the Consumer and / or Professional.

Consumers and / or Professionals must return vaping devices constituting electrical and electronic equipment to the Professional Seller, unless they deposit them themselves at a waste collection centre or collection point established by the municipality specifically to process this type of vaping-device waste.

Under Article R. 543-195 of the French Environmental Code, vaping devices will subsequently be collected from a consolidation point at the Professional Seller’s premises using a vehicle equipped with suitable handling equipment, once the collection threshold established by the Professional Seller has been reached. The Professional Seller shall make waste-packaging materials available free of charge to Consumers and / or Professionals where specific packaging is required for transporting such waste.

The Professional Seller undertakes to collect, analyse, record and report to the French National Agency for Food, Environmental and Occupational Health and Safety (ANSES), where necessary, any incident or risk of incident occurring during the use of products sold to Consumers and / or Professionals, even if the incident results from misuse of the products by Consumers and Professionals.

Consumers and Professionals acknowledge and agree that in the event of (i) temporary or permanent unavailability of products offered for sale, or (ii) withdrawal or suspension of authorisation to place products on the market, ordered by the French National Agency for Food, Environmental and Occupational Health and Safety (ANSES), or any other competent authority, body or court, the Professional Seller shall not be liable for any compensation, indemnity or refund to Consumers and Professionals as a result.

If Consumers and / or Professionals report an incident or risk of incident involving a vaping device to the Professional Seller, the latter undertakes to inform the French National Agency for Food, Environmental and Occupational Health and Safety (ANSES) in accordance with Articles L. 1340-1 et seq., L. 353-10, L. 3513-13 and R. 1340-1 et seq. of the French Public Health Code.

SAS LVD, through this website https://www.levapoteur-discount.fr, owns the intellectual or industrial property rights (for example copyright, trade mark rights, patent rights, contractual documentation, rights in registered presentation designs and rights in designs and models, etc.) relating to all information, software, documentation, data, data structures, services, logos, trade marks, drawings, texts, video files, audio files, images and other content published on or used in connection with this Website.

However, the absence of a notice referring to proprietary rights does not mean that elements of the Website are not covered by rights belonging to SAS LVD.

Elements of the Website may only be downloaded, displayed and/or printed exclusively for private, non-commercial purposes and only on the condition that:

• total or partial reproduction of the Website is strictly prohibited;
• documents or related graphics on the Website are not modified, broken down or translated;
• Website graphics are not used without the accompanying text;
• all copyright or other rights notices relating to content downloaded by the user are retained and reproduced by the user;
• source code or the structure of representations and/ content and/or the content itself is not disclosed, decompiled or used for purposes other than those strictly necessary for operation and use of the Website; and/or
• content is not used to manufacture derivative products.

Any unauthorised use of the Website or of any element contained on the Website shall be deemed an infringement offence pursuant to Articles L. 335-1 et seq. of the French Intellectual Property Code.

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, French Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, as amended by Law No. 2004-801 of 6 August 2004 and the Law of 20 June 2018 relating to the protection of personal data amending the “Information Technology and Freedoms” Law to adapt it to the provisions of General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection (GDPR), applicable throughout Europe since 25 May 2018, Consumers and Professionals have a right of access (Article 15 GDPR), rectification (Article 16 GDPR) and, subject to legal provisions applicable to the matter, erasure of data concerning them (Article 17 GDPR).

SAS LVD is the data controller.

Consumers and Professionals may send their request to the email address: [email protected]

If Consumers and / or Professionals have agreed to this in advance, they may receive marketing emails or SMS messages. Consumers and / or Professionals may unsubscribe from emails by clicking the unsubscribe link at the bottom of each email received and from SMS messages by clicking STOP in each SMS received.

It is also specified that Consumers and Professionals who do not wish to receive telephone marketing may register free of charge on the “Bloctel” opt-out list on the website www.bloctel.gouv.fr.

If Consumers and Professionals do not wish their contact details to be reused for commercial purposes, please inform SAS LVD.

If Consumers and Professionals do not wish their contact details to be passed on to third parties, please inform SAS LVD.

The collection of personal data, its use for order processing and the creation of customer files, and its disclosure to third parties responsible for fulfilling and paying for orders, are subject to the consent of the data subject.

The personal data collected are necessary for processing and fulfilling orders, managing the customer relationship and complying with applicable legal and regulatory obligations.

Consumers and Professionals have, at any time, a right of access, amendment, rectification, erasure, objection, restriction of processing and portability of their personal data, under the conditions provided for by applicable regulations.

Any data subject also has the right to lodge a complaint with the French National Commission on Informatics and Liberty (CNIL).

18. 1. Prior complaint

In the event of a dispute, Consumers and Professionals must first contact SAS LVD by email at [email protected] or by post at 3, Boulevard Victor Hugo 02100 Saint-Quentin.

18. 2. Mediation request

If a complaint made to SAS LVD is unsuccessful or SAS LVD does not respond within two months, Consumers and / or Professionals may submit the dispute relating to the order form or these GTC between them and the Professional Seller to a mediator, who shall endeavour, independently and impartially, to bring the parties together in order to reach an amicable solution.

The parties to the contract remain free to accept or refuse recourse to mediation and, where mediation is used, to accept or refuse the solution proposed by the mediator.

In accordance with Articles L.612-1 et seq. of the French Consumer Code, the Customer has the right to use a consumer mediator free of charge to seek amicable resolution of a dispute with LVD, after first submitting a written request to customer service which has not received a satisfactory response within a reasonable period.

The designated consumer mediator is:

FEVAD Consumer Mediation Service
French E-commerce and Distance Selling Federation (FEVAD)

60 Rue de la Boétie BP 20015
75362 PARIS CEDEX 8
Website: https://www.mediateurfevad.fr

The Customer may also submit a mediation request online through the mediator’s website.

19. 1. For Consumers

In the absence of an amicable agreement, Consumers may bring proceedings before the courts in respect of any dispute relating to the existence, interpretation, conclusion, performance or termination of the contract, as well as all documents connected with that contract.

The competent court shall be the court of the defendant’s place of residence (Article 42 of the French Code of Civil Procedure) or that of the place of actual delivery of the goods or performance of the service (Article 46 of the French Code of Civil Procedure).

19. 2. For Professionals

In the event of a dispute arising from the contract, its interpretation, performance or termination, Professionals and the Professional Seller shall endeavour to settle the dispute amicably before bringing any legal proceedings, within fifteen (15) days.

In the absence of an amicable settlement within this fifteen (15)-day period, Professionals and the Professional Seller grant exclusive jurisdiction to the courts within the jurisdiction of the Marseille Economic Affairs Court to settle their dispute.

This contract and the GTC governing it are subject to French law.

21.1. International shipments – Customs, duties and taxes, local charges

Orders shipped outside the European Union are subject to the DDU (Delivered Duty Unpaid) Incoterm. This means that any customs duties, import taxes and local administrative charges applied in the country of destination are the customer’s sole responsibility. These duties, taxes and charges are included neither in the sale price nor in the delivery charges invoiced on our website. They are set by local authorities and vary from country to country. Customers are responsible for obtaining information, before placing an order, about any duties, taxes and charges applicable in the country of destination, particularly from the relevant customs authorities.

21.2. Refusal of the shipped parcel

If the customer refuses the parcel on arrival — in particular because of refusal and/or non-payment of customs charges — and subject to the parcel being returned to our warehouses, the refund will be based solely on the sale price, less:

• return charges invoiced by the carrier or customs services;
• and, where applicable, administrative processing charges.

The initial delivery charges relating to the order shall remain payable, as they are solely the customer’s responsibility;

No refund may be made until the parcel has been returned to us. If the parcel is abandoned or destroyed by the customs services in the country of destination, no refund will be possible.

Without prejudice to the Consumer’s right to benefit from the statutory guarantee of conformity, under the conditions provided for in Articles L.217-3 et seq. of the French Consumer Code, and from the guarantee relating to hidden defects, under the conditions provided for in Articles 1641 to 1649 of the French Civil Code, the Consumer may optionally subscribe to the So Discount commercial offer (hereinafter “So Discount”), offered at a one-off price of three euros and ninety cents (3,90€) for the relevant order.

This commercial offer grants the Consumer additional benefits without affecting their statutory rights, as described below.

It is expressly stated that the So Discount offer does not apply to all products in the “puffs” category on this website https://www.levapoteur-discount.fr.

22.1. Guarantor, territorial scope and application of the commercial guarantee:

The commercial guarantee offered under the So Discount offer is provided by SAS LVD, a simplified joint-stock company registered with the Marseille Trade and Companies Register under number 843 206 673, whose registered office is located at 23 rue Sylvabelle, 13006 MARSEILLE, contactable on 0365959625 and at the following email address: [email protected]. It applies nationally, throughout Europe and internationally.

The So Discount guarantee is valid only for a specific order and applies only to items included in that order. It may not be extended to other orders, including subsequent orders.

Subscription to the So Discount offer entails a firm commitment limited to that order, from validation by the Consumer.

Adding the So Discount offer to the basket when validating the order, through a positive and unambiguous action by the Consumer, constitutes subscription to that offer.

To activate the commercial guarantee, the Consumer must contact the Seller’s customer service department through the communication channels made available by the Seller, stating their order number and describing the damage observed.

The Consumer may be required to provide any useful evidence, particularly photographs of the product concerned. Once the request has been validated, the Seller will notify the Consumer of the procedures for returning or replacing the product.

22.2. Priority after-sales service:

So Discount enables the Consumer to benefit from priority after-sales service, available through the communication channels made available by the Seller (email and instant messaging).

The Seller undertakes to deal with the Consumer’s requests as a priority. The response time may extend to 24 hours (working days).

22.3. Coverage of return costs:

In the event of a product defect in conformity within the meaning of Articles L.217-3 et seq. of the French Consumer Code, product return costs are fully covered by the Seller.

Independently of this right, Consumers who have subscribed to the So Discount offer also benefit from coverage of return costs by the Seller when exercising the return option extended to 30 days, without having to give reasons.

22.4. Return option extended to 30 days:

Under the conditions defined by these GTC and without prejudice to the statutory 14-day right of withdrawal provided for in the French Consumer Code, Consumers who have subscribed to the So Discount offer benefit from a return option extended to 30 days from receipt of the product, without having to give reasons.

Under this arrangement, only new, unused products returned in their original packaging will be accepted.

This extended return option does not apply in the event of a product defect in conformity, which remains governed by Articles L.217-3 et seq. of the French Consumer Code.

22.5. 3-month hardware guarantee:

So Discount offers a commercial guarantee enabling the Consumer, for a period of three (3) months from receipt of the product, to obtain replacement of their electronic equipment in the event of a technical failure or malfunction occurring during normal use of the product, or in the event of hardware failure not attributable to improper use.

The following are expressly excluded from this guarantee:

• Loss or theft;
• Damage resulting from improper use;
• Product modifications;
• Normal wear and tear;
• Breakage;
• Oxidation;
• Damage caused by impact or a fall.

The product shall be replaced, subject to available stocks, by an identical or equivalent product or, failing that, shall be subject to a refund or credit note. The benefit of this guarantee is limited to one (1) replacement per order.

This commercial guarantee applies independently of the statutory guarantee of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code, from which the Consumer also benefits.

22.6. Guarantee for opened products:

As part of its offer, So Discount also allows certain opened but unused products to be taken back.

The Seller reserves the right, at its discretion, to check the condition of the returned product and to refuse the return if it shows signs of use or cannot be put back on sale.

Once the statutory 14-day period has elapsed, our recommendations are as follows:

• Intact packaging;
• Seal not removed;
• Compulsory after-sales service inspection.

In accordance with point 5° of Article L.221-28 of the French Consumer Code, this option does not apply to unsealed products which, for hygiene or health-protection reasons, cannot be returned, including e-liquids.

22.7. Durable medium:

This information relating to the commercial guarantee is provided to the Consumer on a durable medium when subscribing to the So Discount offer.