General Terms and Conditions of Sale

Please read all of 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 with a payment obligation for one of SAS LVD's products, you automatically accept the provisions described below, as at the end of the order process you will be required to click the button "I have read and accept the general terms and conditions of sale as well as the privacy statement".

These general terms and conditions (otherwise referred to as "GTC") were updated and published online on 1st September 2026.

We inform you 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 Public Health Code, it is recalled that it is prohibited to sell or offer free of charge, in tobacco shops and all commercial establishments or public places, vaping products to minors under the age of eighteen.

SAS LVD, which supplies these products, will always require the buyer to provide proof of their legal age.

This website https://www.levapoteur-discount.fr is published by SAS LVD, a simplified joint-stock company with a share capital of €1,000.00, registered with the Marseille Trade and Companies Register under number 843 206 673, with its registered office 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 govern exclusively the online sales contracts for products of SAS LVD (hereinafter referred to as the "Professional Seller") to buyers with the status of consumers (hereinafter referred to as "Consumers") but also those with the status of professionals (hereinafter referred to as "Professionals"), where said GTC constitute the contractual documents enforceable against the parties, to the exclusion of all other documents, leaflets, catalogues or photographs of products 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 import of vaping products (electronic cigarettes / e-liquids).

The GTC are drafted, as are all contractual information mentioned on the Website, in the French language.

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 and may also be communicated to them upon simple request at the following email address: [email protected], by telephone on +33 3 65 95 96 25 or at the following postal address: 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 been informed of them and have accepted them before placing an order.

Validation of the order/purchase by its confirmation constitutes acceptance by the buyer of the GTC in force on the date of the order, the retention and reproduction of which are ensured by the Professional Seller in accordance with Article 1127-2 of the 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 amendments to the GTC, the applicable GTC are those in force on the date of the order, a copy of which, dated accordingly, may be provided upon request to Consumers and Professionals.

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

2. 5. GTC Clauses

The invalidity of a contractual clause does not entail the invalidity of the GTC, unless it is a decisive and determining clause that led one of the parties to enter into 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 on its part of the other clauses of the GTC, which shall continue to have effect.

3. 1. Characteristics

The products offered for sale by the Professional Seller are vaping products governed by articles L. 3513-1 and following of the Public Health Code.

Vaping products are:

• electronic vaping devices, meaning products, or any component of such products, including cartridges, tanks and devices without a cartridge or tank, which can be used, via a mouthpiece, for the consumption of vapour containing nicotine where applicable. Electronic vaping devices may be disposable or refillable by means of a refill bottle and a tank or by means of single-use cartridges;
• refill bottles, i.e. containers holding a liquid that may contain nicotine, which can be used to refill an electronic vaping device.

The products offered for sale presented in the catalogue published on the Website each have a description (drawn up by the supplier or accessible on the manufacturer's website via a link on its logo) stating their essential characteristics within the meaning of article L. 111-1 of the Consumer Code.

The photographs illustrating the products do not constitute a contractual document.

3. 2. Instructions for use

The method of use of the product, if it is an essential element, is stated in the electronic catalogue or at the latest upon delivery.

3. 3. Conformity

The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions 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 declares that it is only a distributor and not a manufacturer of the vaping products offered for sale to Consumers and Professionals via its Website.

In accordance with the legal provisions relating to the statutory guarantee of conformity, the Professional Seller remains liable to Consumers for the conformity of the products sold and is responsible for defects of conformity existing at the time of delivery of the goods under the conditions set out in the Consumer Code.

The manufacturer's liability remains engaged under the conditions set out by the applicable legal provisions, in particular 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., R. 3513-5 et seq. of the Public Health Code.

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

3. 4. Stock availability

Products are offered and delivered subject to available stock.

In the event that the ordered product is unavailable, the Professional Seller shall immediately inform the Consumers and/or Professionals. A refund is a matter of right. Nevertheless, if Consumers and/or Professionals agree, the Professional Seller may offer them a product of equivalent quality and price or, failing that, a purchase voucher for the amount of the order or the out-of-stock product, usable for any future order.

In the event of disagreement from the buyer, the Professional Seller shall proceed with the refund of the sums paid within 45 days.

Apart from the refund of the price of the unavailable product, the Professional Seller is not liable for any compensation, unless the non-performance of the contract is personally attributable to them.

3. 5. Online advertising of vaping products

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

The Professional Seller cannot therefore be held liable in the event of modifications made subsequently.

4. 1. Selling price

Selling prices, in accordance with article L. 112-1 of the Consumer Code, are indicated for each product in the electronic catalogue in euros inclusive of all taxes, excluding delivery and transport costs mentioned prior to order confirmation and charged as an additional amount.

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

The selling price of the product is the price in force on the day of the order.

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

4. 2. Modification

The Professional Seller reserves the right to modify 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. Fees

Additional transport, delivery, postage or instalment payment commission charges (to which any other incidental costs borne by the Professional Seller must be added), which Consumers and Professionals were able to review before ordering, are set out on the order form.

5. 1. Scope

The online sales offers presented 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 these same geographical areas.

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

5. 2. Duration

Online sales offers presented on the Website are valid, unless a specific duration is indicated, for as long as the products appear in the electronic catalogue and within the limits of available stock.

5. 3. Acceptance

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

6. 1. Steps for concluding the contract

To place an order, Consumers and/or Professionals, having filled their virtual basket by indicating the selected products and desired quantities, then click on the "Order" button and provide information relating to delivery and the payment method.

Before clicking on the "Confirm order" button, Consumers and/or Professionals have the opportunity to check the details of their order and the total price, and to go back to previous pages to correct any errors or modify their order if necessary.

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

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

6. 2. Order modification

Any order modification 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 is no longer possible to modify it.

The Professional Seller reserves the right to make modifications to the ordered product that are linked to technical developments, under the conditions set out in Articles R. 212-4 and R. 212-5 of the Consumer Code.

6. 3. Order confirmation

The Professional Seller reserves the right to refuse any order on legitimate grounds (dispute with a Consumer and/or Professional regarding the payment of a previous order), and more particularly if the quantities of products ordered are abnormally high for buyers with the status of Consumers.

7. 1. Conclusion

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

The sales contract is formed at the time of submission by Consumers and/or Professionals of the confirmation of their order on the Website and payment of said order.

7. 2. Archiving and evidence

The archiving of communications, order forms and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the Civil Code. These communications, order forms and invoices may be produced as proof of the contract.

7. 3. Cancellation

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

The order may be cancelled by Consumers and/or Professionals by recorded delivery letter with acknowledgement of receipt or by a written statement on another durable medium in the event of:

• delivery of a product not conforming to the declared characteristics of the product;
• of delivery exceeding the deadline set in the order form or, failing such a date, within thirty days following the conclusion of the contract, after the Professional Seller has been instructed, under the same conditions and without result, to complete delivery within a reasonable additional period;
• of a price increase that is not justified by a technical modification of the product required by public authorities.

In these specific cases, Consumers and/or Professionals may request a refund of the total amount paid at the time of placing the order on the website.

7. 3. 2. Provisions applicable to Professionals

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

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

In the event of cancellation 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 payable in full upon confirmation of the order.

With the exception of amounts paid that are refunded in the event of unavailability of the ordered product under the conditions set out in Article 3-4 of the GTC, any sum paid in advance on the price shall accrue interest at the statutory rate upon expiry of a period of three months from the date of payment until delivery of the product or, failing that, upon restitution of the sum paid at the time of ordering (Articles L. 214-1 et seq. of the Consumer Code).

Payment is made immediately upon ordering by credit card or bank transfer. In the event of choosing bank transfer, the seller's bank details are communicated to the customer upon simple request at the address [email protected]. The order will only be processed upon actual receipt of the funds in the seller's account.

8. 2. Provisions applicable to Professionals

The Website is equipped with an online payment security system enabling Consumers and/or Professionals to encrypt the transmission of their banking data.

In the event of late payment, any sum not paid by the due date shall, without prior notice, accrue interest at the statutory rate.

The Professional Seller reserves the right, when the agreed price is not paid by the due date, either to demand performance of the sale or to cancel the contract by simple recorded delivery letter with acknowledgement of receipt, and to retain, as compensation, the deposit paid at the time of ordering.

The Professional Seller retains ownership of the products sold until full payment of the price, and Consumers and/or Professionals undertake, until ownership is transferred to them, to take all necessary precautions for the proper preservation of the products.

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

The Professional Seller undertakes, in accordance with the delivery deadline indicated on the Website for each product, to deliver the products within thirty (30) days of receipt of the order.

9. 3. Delivery delay

When the ordered product is not delivered or the service is not provided by the date or upon expiry of the deadline indicated on the order form, Consumers and/or Professionals may, after having unsuccessfully enjoined the Professional Seller to fulfil their delivery obligation within a reasonable additional period, resolve the contract by recorded delivery letter with acknowledgement of receipt or by a written notice on another durable medium.

If, at the time of the order, Consumers and/or Professionals have not fully informed the Professional Seller (missing or incorrect information) and this prevents any shipment, delivery or customs clearance, the Professional Seller shall under no circumstances be held liable for any delay in the delivery of the ordered product. In the event of a delivery delay for the ordered product (due to missing or incorrect information at the time of ordering), the Professional Seller shall not owe any compensation to Consumers and/or Professionals.

Furthermore, in the event of an incorrect delivery address being provided by Consumers and/or Professionals, the Professional Seller – notwithstanding the carrier's liability – accepts no responsibility for lost parcels.

9. 4. Place of delivery

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

9. 5. Delivery terms & timeframe for raising reservations

Delivery is effected by direct handover of the product 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.

In the absence of collection within the indicated timeframe, the Professional Seller may, after a formal notice to Consumers and/or Professionals that has gone unanswered, cancel the order by operation of law. The financial consequences of such cancellation are governed by the provisions of Article 9.12 of these General Terms and Conditions of Sale.

When the product is delivered to the address indicated on the order form by a carrier, it is the responsibility of Consumers and/or Professionals to check the condition of the delivered product in the presence of the delivery person and, in the event of damage or missing items, to note reservations on the delivery note or transport receipt, and where appropriate to refuse the product and notify the Professional Seller.

In accordance with Article L.216-5 of the Consumer Code, the Customer is invited to check the condition and conformity of the 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, of receipt of the parcel, accompanied by the supporting documents necessary for processing the request.

After this deadline, claims relating to apparent anomalies or defects identifiable upon receipt may not be covered under the Seller's commercial procedure.

These provisions are without prejudice to applicable statutory warranties, 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 send a complaint to the Professional Seller at the following email address: [email protected], with a view to obtaining a replacement of the product or, where applicable, cancellation of the sale.

9. 7. Product unavailability

In the event of product unavailability upon delivery, the Professional Seller may offer, under the conditions set out in Article 3-4 of the GTC, an equivalent product of comparable quality and price, or a reshipment of the product concerned.

Where this is not possible, the customer will be informed of the availability of a credit note valid for 3 months. Failing that, a refund may be made at the customer's request within 14 days of receipt of the order.

9. 8. Failure to deliver

Total failure to deliver results in the automatic cancellation of the sales contract, meaning either a refund or re-shipment at the expense of the Professional Seller.

9. 8.1 Supporting documents 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 disputed delivery (parcel declared as delivered by the carrier but not received according to the customer), the buyer must provide the following documents without fail in order to open an investigation:

A signed sworn statement of non-receipt of the parcel (provided by the after-sales service and to be completed by the customer),
A copy of a valid identity document (corresponding to the delivery details),
A copy of the complaint filed with the competent authorities (gendarmerie or national police).

Without receipt of all of these documents, no investigation or compensation procedure (refund, re-shipment of goods, credit note) can be initiated. This measure aims to align the requirements already in place for Colissimo relay point deliveries and Chronopost deliveries, in the interest of fraud prevention and company protection.

9. 9. Delivery and transfer of risk

The risks of loss or damage to goods are transferred to Consumers and/or Professionals at the moment they, or a third party designated by them, physically take possession of the goods, regardless of their nature.

The product, which is delivered to Consumers and/or Professionals by a carrier chosen by the Professional Seller, travels at the risk and peril of the Professional Seller.

The product delivered to Consumers and/or Professionals by a carrier chosen by Consumers and/or Professionals travels at their own risk and peril from the moment the goods are handed over to the carrier.

9. 10. Transfer of ownership

From the moment of full payment of the price at the time of placing the order, ownership of the product is transferred to Consumers and/or Professionals.

9. 11. Spare parts

The Professional Seller will enquire at the time of purchase of the goods as to the period during which, or the date until which, the spare parts essential for the use of the goods will be available.

9. 12. Unclaimed, refused or incorrectly addressed parcels

In the event of a parcel being returned due to reasons attributable to Consumers and/or Professionals, in particular due to an incorrect or incomplete delivery address provided at the time of the order, a parcel not collected within the time limit set by the carrier, or a refusal of delivery not attributable to the Professional Seller, return costs may be charged to the Professional Seller by the carrier.

These charges, independent of the Professional Seller's will, remain the responsibility of Consumers and/or Professionals.

For information purposes, the return shipping costs applied are set at €2 for Colissimo delivery and €9 for Chronopost delivery, subject to the amount actually invoiced by the carrier.

In the event of the issuance of a credit note or a refund of the order following the return of the parcel, the Professional Seller is entitled to deduct from the credit note or the refunded amount the return costs actually incurred and charged by the carrier, provided that the return is exclusively attributable to Consumers and/or Professionals.

When these costs are lower than the amount paid by the Consumer, the balance is owed to them under the conditions provided for by law.

When these costs are equal to or greater than the amount paid, the amount paid may be retained up to the level of the costs actually incurred. In the latter case, if the return costs exceed the amount paid, the Professional Seller waives any claim against the Consumer for payment of the difference.

No additional charges will be applied for the return of the parcel beyond the amount actually paid by the Consumer.

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

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

These provisions do not apply where the 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 the applicable legal or regulatory provisions, in particular the right of withdrawal. In such a case, Consumers and/or Professionals shall benefit, depending on the circumstances, from a refund under the conditions provided for by law or, where this option is offered by the Professional Seller, from the issuance 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 and following of the Consumer Code (regarding contractual relations between the Professional Seller and Consumers), the obligation of conforming delivery provided for in articles 1604 and following of the Civil Code (regarding contractual relations between the Professional Seller and Professionals), or the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

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

The Professional Seller is obliged to deliver goods conforming to the contract and is liable for any lack of conformity existing at the time of delivery, in accordance with the provisions of Articles L.217-3 et seq. of the Consumer Code.

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

To comply with the contract, the goods must:

1° Be fit for the purpose normally expected of similar goods and, where applicable:

• correspond to the description given by the Professional Seller and possess the qualities that the latter has presented to Consumers in the form of a sample or model;
• present the qualities that Consumers may legitimately expect in view of the public statements made by the Professional Seller, in particular in advertising on the Website or on the labelling;

2° Or present the characteristics agreed upon by the parties or be fit for any special purpose sought by the Consumers, brought to the attention of the Professional Seller and accepted by the latter.

The action arising from the defect of conformity is time-barred two years from the delivery of the goods.

When acting under the statutory guarantee of conformity, Consumers:

• have a period of two years from the delivery of the goods 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 Consumer Code;
• are exempt from providing proof of the existence of the non-conformity of the goods during the twenty-four months following delivery of the goods.

10. 3. Implementation of the obligation to deliver conforming goods (for Professionals)

The Professional Seller is obliged towards Professionals to deliver the products it sells and to guarantee the products sold.

In the event of claims by Professionals regarding the obligation of conforming delivery of products sold by the Professional Seller, Professionals acknowledge that the provisions of the Consumer Code (on the statutory guarantee of conformity) are inapplicable and acknowledge that they intend to be bound by the provisions of articles 1604 and following of the Civil Code.

10. 4. Implementation of the guarantee against hidden defects

The Professional Seller is liable for the guarantee in respect of hidden defects in the item sold that render it unfit for the purpose for which it was intended, or that so diminish that use that Consumers and/or Professionals would not have purchased it, or would have paid a lesser price for it, had they known of them.

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

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

11. 1. Exemption from liability

The Professional Seller's liability cannot be engaged in the event of non-performance or improper performance of the contract due either to the actions of Consumers and/or Professionals, or to the unforeseeable and insurmountable act of a third party to the contract (for example, fault of the carrier during delivery) or to force majeure.

The Professional Seller's liability cannot be engaged for non-compliance of the product with the legislation of the country of the Consumers and/or Professionals, who are responsible for checking whether the product is not prohibited for sale in their country.

Furthermore, the Consumer and/or Professional acknowledges that certain products sold by the Professional Seller on their Website contain Cannabidiol (known as "CBD").

Pursuant to article R. 5132-86 of the Public Health Code and the order of 30 December 2021 implementing article R. 5132-86 of the Public Health Code, the sale of Cannabidiol in France by the Professional Seller is entirely legal and authorised with regard to the use of flowers and leaves of only those cannabis varieties 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 threshold.

Nevertheless, in the event of the purchase and consumption of a product from the Professional Seller's Website and the driving of a motor vehicle on land (whether in motion or stationary) by the Consumer and/or Professional, the Professional Seller's liability cannot further be engaged or sought in the event of a positive test, carried out by the judicial authorities (saliva test, saliva and/or blood check), of the Consumer and/or Professional, for narcotic substances as listed in the Order of 22 February 1990 establishing the list of substances classified as narcotics.

The Professional Seller reminds the Consumer and/or Professional that, pursuant to Article L. 235-1 of the Highway Code, any person who drives a vehicle or accompanies a learner driver while a blood or saliva test shows that they have consumed substances or plants classified as narcotics is liable to two years' imprisonment and a fine of €4,500.

The Court of Cassation has held that Article L 235-1 of the Highway Code criminalises the mere act of driving after having used narcotics (even after having used "CBD"), where the offence is established if it is proven that the defendant drove a vehicle after having used a substance classified as a narcotic (such as "CBD"), regardless of the dose consumed (Cass. crim., 21 June 2023, no. 22-85.530).

If the Consumer and/or Professional consumes a product based on "CBD" directly purchased from the Professional Seller's Website, and tests positive for narcotics (following a road check carried out by the judicial authorities) and is subject to a criminal conviction for driving after or under the influence of narcotics (such as "CBD"), the Consumer and/or Professional shall never be able to seek the civil or criminal liability of the Professional Seller.

It is noted that although the products on this Website comply with the applicable European regulations and have a THC content below the legal threshold of 0.3%, their consumption may result in the detection of traces of cannabinoids during a screening test, potentially leading to a positive result in a toxicological test aimed at detecting 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 the liability of 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 its final validation, a fixed compensation equivalent to 4% of the order amount may be retained by the Professional Seller, subject to the applicable legal provisions, in particular the right of withdrawal, and with regard to Professionals, when they are considered as 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 that may be claimed in the event of greater loss.

The cancellation of the order in the cases provided for in these GTC shall be pronounced by simple recorded delivery letter with acknowledgement of receipt or by electronic letter, and shall take effect automatically without any judicial formality.

13. 1. Absence of 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 Consumer Code are applicable to contracts concluded between the Professional Seller and Professionals.

If the conditions of Article L. 221-3 of the Consumer Code are applicable to Professionals, then Article 13.2 of these general terms and conditions of sale is applicable to Professionals.

13. 2. Right of withdrawal for Consumers and absence of right of withdrawal for Consumers regarding certain products

Article L. 221-5 of the Consumer Code requires prior information on the conditions, timeframe and procedures for exercising the right of withdrawal, and communication of the standard withdrawal form, a template 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 Consumer Code.

The conditions, timeframe and procedures for exercising the right of withdrawal are set by Article L. 221-5 of the Consumer Code and Articles L. 221-18 et seq. of the 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 Consumer Code.

• Conditions, timeframe and procedures for exercising the right

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

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

To exercise the right of withdrawal, Consumers must notify:

• their name, their geographical address and, where available, their telephone number, their fax number and their email address;
• as well as their decision to withdraw from the contract by means of an unambiguous 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).

In order for the fourteen-day withdrawal period to be observed, it is sufficient for Consumers to send their communication relating to the exercise of the right of withdrawal before the expiry of that period.

In all cases, the burden of proof of this exercise lies with the Consumers.

• Effects

In the event of withdrawal by Consumers from the contract, the Professional Seller shall refund all payments received from the Consumers.

Nevertheless, the delivery costs for the return of said products shall remain the responsibility of Consumers.

The Professional Seller will proceed with the refund using the same payment method as that used by Consumers for the initial transaction.

In the context of exercising the legal right of withdrawal, products must be returned completes complets, accompagnés with all accessories and user manuals.

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

The Consumer is responsible for any depreciation of the product resulting from handling other than that necessary to establish its nature, characteristics and proper functioning.

L'absence of original packaging does not prevent the exercise of the right of withdrawal, provided that the product is returned in conditions that allow it to be protected during transport.

The Professional Seller may defer the refund until receipt of the goods that are the subject of the order, or until Consumers have provided proof of dispatch of such goods, the date taken into account being that of the first of these events.

Withdrawal form template:

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

Pursuant to article L. 221-28 of the Consumer Code, Consumers acknowledge to the Professional Seller that they will not be able to exercise or benefit from any right of withdrawal, in particular for (i) the supply of goods made to the Consumers' specifications or clearly personalised, (ii) the supply of goods likely to deteriorate or expire rapidly, and (iii) the supply of goods that have been unsealed by Consumers after delivery and which cannot be returned for reasons of hygiene or health protection.

Without this list being exhaustive, for information purposes, Consumers will not be able to benefit from the right of withdrawal regarding 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
All products that are inseparable from one or more other products due to a mixture made by the Customer (e.g.: concentrated flavouring, base, nicotine booster, additive…)

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

Pursuant to Articles L. 541-10 et seq. of the Environmental Code and Article R. 543-195 of the 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 waste bins or in the selective sorting bins of their municipality.

The purpose of this environmental regulation is to address health and environmental challenges, as electrical and electronic vaping devices may contain substances or components that are hazardous to the environment (batteries and accumulators, greenhouse gases, components containing mercury, capacitors that may contain PCBs, etc.) but also have significant potential for recycling the materials of which they are made.

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

Consumers and/or Professionals must return vaping devices that constitute electrical and electronic equipment to the Professional Seller, unless they deposit them themselves at a waste disposal facility or a collection point set up by the local authority specifically to handle this type of vaping device waste.

Pursuant to article R. 543-195 of the Environmental Code, vaping devices will subsequently be subject to collection, which will take place from a collection point at the Professional Seller's premises using a vehicle equipped with appropriate handling equipment, from a collection threshold established by the Professional Seller. The Professional Seller will make packaging materials for this waste freely available to Consumers and/or Professionals, where specific packaging is required for the transport of such waste.

The Professional Seller undertakes to collect, analyse, record and report to the French Agency for Food, Environmental and Occupational Health & Safety (ANSES), where necessary, any incident or risk of incident arising from 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 accept that in the event of (i) temporary or permanent unavailability of the products offered for sale, or (ii) withdrawal or suspension of the marketing authorisation of the products, issued by the French Agency for Food, Environmental and Occupational Health & Safety (ANSES), or any other competent authority, body or court, the Professional Seller shall not be liable for any compensation, indemnity or restitution to Consumers and Professionals.

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

SAS LVD, through this website https://www.levapoteur-discount.fr, holds intellectual or industrial property rights (for example copyright, trademark rights, patent rights, contractual documentation, registered design rights and drawing and model rights, etc.) over all information, software, documentation, data, data structures, services, logos, brands, drawings, texts, video files, audio files, images and other content published on or used in connection with this Website.

The absence of mention of intellectual property rights shall not, however, mean that the elements of the Website are not covered by any rights belonging to SAS LVD.

Elements of the Website may be downloaded, displayed and/or printed exclusively for private and non-commercial purposes, and only under the conditions and to the extent that:

• total or partial reproduction of the Website is strictly prohibited;
• the documents or graphics associated with them present on the Website are not modified, decomposed, or translated;
• the Website's graphics are not used without the accompanying texts;
• all notices of any kind relating to copyright or other rights associated with content downloaded by the user are maintained and reproduced by the latter;
• the source code or structure of the representations and/or content and/or the content itself are not disclosed, decompiled or used for any purposes other than those strictly necessary for the operation and use of the Website; and/or
• the content is not used for the purpose of manufacturing derivative products.

Any unauthorised use of the Website or any element contained therein shall be considered an act of counterfeiting under Articles L. 335-1 et seq. of the 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, with law no. 78-17 of 6 January 1978 on information technology, data files and civil liberties, as amended by law no. 2004-801 of 6 August 2004 and the law of 20 June 2018 on the protection of personal data, which amended the "Data Protection Act" to bring it into line with the provisions of General 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 the right of access (article 15 of the GDPR), rectification (article 16 of the GDPR) and, subject to applicable legal provisions, erasure of data concerning them (article 17 of the GDPR).

The data controller being SAS LVD.

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

If Consumers and/or Professionals have previously agreed, they may receive marketing emails or SMS messages, from which Consumers and/or Professionals may unsubscribe — for emails, by clicking on the unsubscribe link at the bottom of each email received, and for SMS messages by replying STOP in each SMS received.

It is also specified that Consumers and Professionals who do not wish to be subject to telephone marketing may register free of charge on the "Bloctel" opt-out list at 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 personal details to be passed on to third parties, please inform SAS LVD.

The collection of personal data, its use for the purposes of processing orders and building customer files, and its disclosure to third parties responsible for fulfilling and processing orders, is subject to the consent of the person concerned.

The personal data collected are necessary for the processing of orders, their fulfilment, the management of the customer relationship, as well as compliance with applicable legal and regulatory obligations.

Consumers and Professionals have the right at any time to access, modify, rectify, erase, object to, restrict the processing of, and port their personal data, under the conditions provided for by applicable regulations.

Any person concerned also has the right to lodge a complaint with the French Data Protection Authority (CNIL).

18. 1. Prior complaint

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

18. 2. Mediation request

In the event of a failed claim with SAS LVD or in the absence of a response from the latter within two months, Consumers and/or Professionals may submit the dispute relating to the order form or these GTC opposing them to the Professional Seller to a mediator who will attempt, with full independence and impartiality, to bring the parties together with a view to reaching an amicable solution.

The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

In accordance with the provisions of Articles L.612-1 et seq. of the Consumer Code, the Customer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute with LVD, after a prior written approach to the customer service that has not received a satisfactory response within a reasonable time.

The designated consumer mediator is:

FEVAD Consumer Mediation Service
Federation of e-commerce and distance selling (FEVAD)

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

The Customer may also submit their mediation request online via the mediator's website.

In accordance with article 14 of Regulation (EU) no. 524/2013, the Customer may also use the European Online Dispute Resolution platform (ODR) accessible at the following address: https://ec.europa.eu/consumers/odr/

19. 1. For Consumers

In the absence of an amicable agreement, Consumers may refer the matter to the courts for any dispute relating to the existence, interpretation, conclusion, performance or termination of the contract, as well as all documents related to that contract.

The competent court shall be that of the defendant's place of domicile (Article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the goods or performance of the service (Article 46 of the 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 resolve said dispute amicably prior to any legal action within a period of fifteen (15) days.

In the absence of an amicable settlement within this fifteen (15) day period and in order to resolve their dispute, Professionals and the Professional Seller grant exclusive jurisdiction to the courts within the jurisdiction of the Commercial Court of Marseille.

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 incoterm DDU (Delivered Duty Unpaid). This means that any customs duties and import taxes, as well as any local administrative charges applied in the destination country, are the exclusive responsibility of the customer. These duties, taxes and charges are neither included in the sale price nor in the delivery charges invoiced on our website. They are set by local authorities and vary by country. It is the customer's responsibility to enquire, before placing any order, about any duties, taxes and charges applicable in the destination country, in particular by contacting the relevant customs authorities.

21.2. Refusal of the dispatched parcel

In the event of refusal of the parcel by the customer upon arrival — in particular due to refusal and/or non-payment of customs duties — and subject to the return of the parcel to our warehouses, the refund will be made solely on the basis of the sale price, less:

• des return costs charged by the carrier or customs authorities;
• and, where applicable, administrative processing charges.

The initial delivery costs, subject of the order, shall remain due as they are the sole responsibility of the customer;

No refund can be processed until the parcel has been returned to us. If the parcel is abandoned or destroyed by the customs authorities of the destination country, no refund will be possible.

Without prejudice to the Consumer's right to benefit from the statutory guarantee of conformity, under the conditions set out in Articles L.217-3 et seq. of the Consumer Code, as well as the guarantee relating to hidden defects, under the conditions set out in Articles 1641 to 1649 of the Civil Code, the Consumer may optionally subscribe to the So Discount commercial offer (hereinafter "So Discount"), offered at the price of three euros and ninety cents (€3.90) payable in a single instalment for the relevant order.

This commercial offer grants the Consumer additional benefits, without affecting their legal 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 implementation of the commercial warranty:

The commercial warranty offered as part of the So Discount scheme 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, reachable on 0365959625 and at the following email address: [email protected]. It applies on the national, European and international territory.

The So Discount warranty is valid for a specific order only and applies solely to the items included in that order. It cannot be extended to other orders, including subsequent ones.

Subscribing to the So Discount offer constitutes a firm commitment limited to that order, from the moment of its validation by the Consumer.

Adding the So Discount offer to the basket at the time of order confirmation, through a positive and unequivocal action by the Consumer, constitutes subscription to said offer.

To invoke the commercial guarantee, the Consumer must contact the Seller's customer service via the communication means made available by the Seller, indicating their order number and describing the damage observed.

The Consumer may be required to provide any useful supporting documents, including photographs of the product concerned. After the request has been validated, the Seller will inform the Consumer of the return or replacement procedure for the product.

22.2. Priority after-sales service:

So Discount entitles the Consumer to benefit from a priority after-sales service, accessible via the communication methods made available by the Seller (electronic mail and instant messaging).

The Seller undertakes to handle the Consumer's requests as a priority. The response time may extend up to 24 hours (working days).

22.3. Coverage of return costs:

In the event of non-conformity of the product within the meaning of articles L.217-3 and following of the Consumer Code, the return shipping costs for the product are fully borne by the Seller.

Independently of this right, a Consumer who has subscribed to the So Discount offer also benefits from the Professional Seller covering the return costs when exercising the extended 30-day return option, without having to provide any reason.

22.4. Extended 30-day return option:

Under the conditions defined by these GTC and without prejudice to the legal right of withdrawal of 14 days provided for by the Consumer Code, a Consumer who has subscribed to the So Discount offer benefits from an extended 30-day return option from the date of receipt of the product, without having to provide any reason.

In such cases, only new, unused products returned in their original packaging will be accepted.

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

22.5. 3-month hardware warranty:

So Discount offers a commercial warranty entitling the Consumer, for a period of three (3) months from receipt of the product, to have their electronic equipment replaced in the event of a technical failure or malfunction occurring during normal use of the product, or in the event of a hardware fault not attributable to misuse.

The following are expressly excluded from this guarantee:

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

The product will be replaced, within the limits of available stock, by an identical or equivalent product or, failing that, a refund or credit note will be issued. The benefit of this warranty is limited to one (1) replacement per order.

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

22.6. Guarantee on opened products:

So Discount also offers, as part of its scheme, the return of certain opened but unused products.

The Seller reserves the right, at its discretion, to inspect the condition of the returned product and to refuse the return if it shows signs of use or cannot be resold.

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

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

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

22.7. Durable medium:

This information relating to the commercial warranty is provided to the Consumer on a durable medium at the time of subscribing to the So Discount offer.