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Our products contain nicotine, a poisonous and addictive substance. Our products are only intended for committed smokers of legal smoking age and not by non-smokers, children, women who are pregnant or may become pregnant or any person with an elevated risk of, or preexisting condition of, any medical condition which includes, but is not limited to, heart disease, diabetes, high blood pressure or asthma. If you experience any side effects or possible side effects, stop using the product immediately and consult a physician. Product may be poisonous if orally ingested. Our products are not smoking cessation products and have not been tested or guaranteed as such.
By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below. Before placing your order, if you have any questions relating to these Conditions please contact us via our website or by calling us.
"Conditions" means these terms and conditions;
"Goods" means any goods you purchase under these Conditions;
"Non-subscription Services" mean any Services other than Subscription Services;
"Personal Information" means the details provided by you to us;
"Services" means any services you order or otherwise purchase under these Conditions;
"Subscription Services" means Services to which you subscribe on an ongoing basis, for example technical support Services;
"Us/our/we" means HDC, a company registered in France under the number 793 230 442 00022 with registered office located at 99-101 Avenue Clôt Bey, 13008 Marseille, France, VAT number FR 38 793 230 442;
"You/Your" means the person ordering or otherwise purchasing the Goods or Services.
1.1. You undertake:
1.1.1. to pay any amounts due to us in a timely manner;
1.1.2. that the Personal Information you provide is true, accurate, current and complete in all respects;
1.1.3. to notify us immediately of any changes to the Personal Information using the contact details in Clause 5.4; and
1.1.4. not to impersonate any other person or entity or to use a false name.
1.2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available. We also reserve the right to change or add to these Conditions from time to time.
1.3. Unless you have placed an order for any Goods or Services, or you subscribe to any Subscription Services, by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
1.4. From time to time we may also have to make changes in the specification of any Good or Service.
1.4.1. to make it conform with any applicable safety or other statutory requirements; or
1.4.2. to make it reflect changes in the manufacturer's specification,
but we will endeavour to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
1.5. Goods and Non-subscription Services:
1.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Non-subscription Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods or Non-subscription Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.
1.5.3. The purchase of software products is subject to your acceptance of the terms of any end user and/or licensing agreement(s) relating to such software.
1.6 Estimated time frames for delivery of Goods or completion of Services are estimates only and delays may arise due to matters outside of our reasonable control.
1.7. Goods may be subject to EU and US export control laws and laws of the country where they are delivered or used. Under these laws, such Goods may not be sold, leased or transferred to restricted end-users or countries or for restricted end-uses. If Goods are supplied to you subject to any such Export Laws, such supply is subject to you not falling into any such restricted categories.
2.1. Goods and Services are available only to individuals who are 18 years old or over and by ordering or otherwise purchasing such Services, you confirm that you are 18 years old or over.
2.2. When requested by us, you must provide your name, phone number, address, payment details and other requested information.
2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
2.4. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
2.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. You also acknowledge that we have the right to cancel any order before it has been dispatched when we have reason to believe that an error has occured. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
3.1. The price of the Goods or Services (if any) shall be the price of which we inform you prior to accepting your order. Prices include VAT at current rates unless stated otherwise.
3.2. If you fail to make any payment when due then, without prejudice to any other right or remedy we may have, we may cancel this agreement.
3.3. You confirm that any payment method you use is yours.
3.4. Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
3.5. Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
3.6. Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods.
3.7. Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us.
4.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 14 days' written notice.
4.2. In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind. You have the right to cancel your order at any time, up to 14 working days after the day you receive it (see article L. 120-20 of the French Consumer Code). But, you must tell us straight away if you wish to do this. You must take good care of the items while they’re in your possession; they must be returned to us in a sellable condition. It is your responsibility to return the items to us, or to arrange collection of larger items. This needs to be done promptly at your cost. These regulations don’t apply to anything that has been personalised or to intimate, perishable or time-critical goods. Please note that we are unable to accept any returned e-liquids that have been unsealed or used in any way, as this would constitute a health and safety risk due to hygiene purposes. Consumers should be aware that if they wish to exercise their right to cancel an order that has already been dispatched, within 14 working days, that they will not receive a refund on the postage following any return of items.
4.3. A working day is any day except Saturday, Sunday and French public holidays.
4.4. If you cancel an order for Goods, they must be returned to us within a reasonable period, complete (with any accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the stand alone retail value of any missing or damaged items.
4.5. Before you return the Goods, you should notify us and only after our approval, you will return the Goods to the address we will give you. It is your responsibility to ensure that the Goods are received by us and we recommend using Special Delivery or Signed For services where appropriate.
4.6. You shall be under a duty to take reasonable care of the Goods until received or collected by us and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
4.7. You are entitled to examine any Goods ordered as you would in a shop. However, if you use the Goods, you may lose your right to cancel your purchase.
4.8. If you cancel your order in accordance with the provisions of above Clauses, we will refund any sums paid by you in relation to your order (less shipping costs) within 14 days.
5.1. We need to collect certain Personal Information to provide you with the Goods and/or Services.
5.2. All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
6.1. Events Beyond the Parties Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
6.2. Assignment: You may not assign your rights and obligations under these Conditions to any third party, and any purported attempt to do so will be null and void. We may freely assign its rights and obligations under these Conditions.
6.2. Governing Law: These Conditions will be governed by French Law and if you are not happy with how we deal with any disagreement and want to take bring court proceedings, you must do so within France.
6.3. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
7.1. If you wish to make a complaint you may do so in the following way:
7.1.1. by calling +33 9 81 11 69 03;
7.1.2. in writing addressed to: Customer support, HDC, 99 Avenue Clot Bey, 13008 Marseille, France.
7.2. Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.