General terms and conditions of sale
Effective from 13 February, 2017
ARTICLE 1. Scope and purpose
1.1. The www.alfaliquid.com website is published by the company GAIATREND (Hereinafter referred to as "GAIATREND"), a limited liability company with a capital of 240,000 euros, registered in the SARREGUEMINES Trade and Companies Register under number 504 762 022, and whose registered office is 10, Route de Strasbourg, 57410 ROHRBACH-LES-BITCHE.
Intra-community VAT number: FR66 504 762 022
Publication Director: Marie-Danielle MARTZEL
Telephone: +33 (0) 387 022 616 (not a premium rate number)
Fax: +33 (0) 387 097 948
1.2 These General Terms and Conditions of Sale, hereinafter referred to as "GTCS", shall apply to all offers and to all sales contracts whose conclusion is proposed by GAIATREND on and via the www.alfaliquid.com website (Hereinafter referred to as "the Website").
1.3. These GTCS are accessible at any time on the Website and will prevail, if necessary, over any other contradictory document.
1.4. These GTCS, along with the offers and the sales contracts proposed by GAIATREND on the Website, are intended solely for customers, hereinafter referred to as "consumer clients" who have the status of consumer (i.e. natural persons acting for purposes which are outside their trade, business, craft, profession or agricultural activity), and who are at least 18 years of age and who have indicated when placing their order on the Website, a delivery address located in one of the countries where the products they wish to order have been subject, by GAIATREND, to notification under the provisions of the Public Health Code. The list of products notified in the country concerned may be obtained by sending a request to email@example.com specifying the country.
1.5. These GTCS may be subject to future changes. If modified, the applicable GTCS are those in effect on the Website on the date the consumer client places an order.
1.6. If you have any questions, you can contact our Consumer Department, Monday to Friday from 8.30am to 12pm and from 1.30pm to 5:30pm (excluding holidays) by telephone at +33 (0) 387 028 567 (not a premium rate number), email (firstname.lastname@example.org) or by mail (GAIATREND - 10, Route de Strasbourg - 57410 ROHRBACH-LES-BITCHE).
ARTICLE 2. Essential features of the products offered for sale
2.1. The products offered for sale by GAIATREND under these GTCS are the products that are shown on the Website.
2.2. The essential features of each of these products (such as their flavour, nicotine level, vegetable propylene glycol / vegetable glycerin level etc.), are shown on the Website and the consumer client is obliged to read them before making any order.
2.3. The photographs, graphics and representations of products on the Website are as accurate as possible. However, they cannot ensure a full similarity with the product sold, in particular regarding colour, and therefore GAIATREND cannot be held responsible.
ARTICLE 3. Price
3.1. All prices listed on the Website are in euros and exclusive of delivery charges - shipping costs being charged extra as provided in Article 6.3 of these GTCS.
If one or more taxes or contributions, in particular environmental tax, is suddenly created or modified, whether it rises or falls, such a change will be reflected in the prices shown on the Website.
3.2. For deliveries of our products in mainland France (including Corsica), Monaco and in countries belonging to the European Union, all prices listed on the Website are inclusive of all taxes (including value-added tax at the rate in force on the day of the order) and excluding delivery costs.
3.3. For deliveries of our products in an Overseas department or territory or in a country not belonging to the European Union, the value-added tax is automatically deducted from the sale price of the selected articles before the order is confirmed. Sea fees, taxes and customs charges are added (in addition to delivery costs) to these prices and these are to be borne by the consumer client, who shall directly pay the Customs and / or carrier. In all cases, it is the consumer client's responsibility to inform themselves of the amount with the authorities and local custom offices.
3.4. GAIATREND reserves the right to change its prices, provided however that the price in force and appearing on the Website at the time of the consumer client placing an order will be the only price applicable to this order.
ARTICLE 4. Orders and conclusions of sales
4.1. The offers shown on the Website are valid either during the period of validity that they indicate, or, failing such an indication, as long as they are accessible electronically on the Website and within the limit of available stock.
4.2. Any orders placed by a consumer client from GAIATREND on the Website implies the unreserved acceptance by the consumer client of these GTCS, and that they acknowledge the opposability.
The order confirmation, in which the consumer client expresses their final acceptance of the contract proposed by GAIATREND in accordance with the contractual process described in Article 4.3 of these GTCS, also constitutes acceptance without restriction or reservation by the consumer client of these GTCS.
4.3. The conclusion of a sale between GAIATREND and the consumer client on the Website must be conducted according to the following contractual process:
Once the consumer client has selected the product or products being purchased by adding them to the basket, they must click on the "Order" link to access step 1 of the contractual process.
- "Order mode" step: the consumer client must either register to create an account or, if they already have an account, identify themselves by indicating their e-mail address and password.
- "Billing Information" step:
- The consumer client must enter their name and postal, electronic and telephone contact details and indicate whether they choose delivery to the billing address or another address and then click on the "Continue" link,
- If they already have an account and have identified themselves in the previous step, the consumer client must, after choosing to enter a new billing address, indicate whether they choose delivery to the billing address or another address and click on the "Continue" link.
- "Shipping Information" step:
- if the consumer client selects delivery to the billing address, they will be automatically directed to the next step,
- if the consumer client selects delivery to an address other than the billing address, they must enter the delivery address of the order and click on the "Continue" link. The indicated delivery address must be in one of the countries for which the ordered products have been notified.
- "Delivery method" step: the consumer client must choose a delivery method from those offered by GAIATREND for their order.
- "Payment information" step: the consumer client must choose from the payment methods proposed by GAIATREND for the payment of their order.
- "Verification and confirmation of the order with obligation to pay" step: the consumer client is asked to check the details of their order and the total price, correct any errors, accept these GTCS and certify that they are over 18 years of age, before confirming their order to express final acceptance and obligation to pay the price.
Once the consumer client has confirmed their order, they must make the payment by the chosen payment method. GAIATREND will then send an order confirmation by email.
ARTICLE 5. Payment terms
5.1. The price of the order that the consumer client, by confirming it to express their definitive acceptance and conclude the contract of sale, undertakes to pay to GAIATREND means the total price of the products ordered plus the delivery costs of the said order.
5.2. The order price is payable in full on the day the contract of sale is concluded between GAIATREND and the consumer client as defined in Article 4.3 of these GTCS.
5.3. The following four payment methods can be used by the consumer client to make the payment of the price of their order: bank card, PayPal (the use of this payment method, however, is only possible if the consumer client also holds a PayPal account), bank transfer or cheque.
Payments by PayPal or bank card are instantaneous. Payment by bank card uses the secure SIPS p@yment system which uses SSL (Secure Socket Layer) so that the transmitted information is encrypted. Payments by cheque or bank transfer require additional processing and are not instantaneous.
5.4. All orders are processed upon receipt by GAIATREND of payment of the price of the order made by the consumer client.
ARTICLE 6. Shipping
6.1. Delivery address
The products ordered on the Website are exclusively delivered in the countries in which they have been subject, by GAIATREND, to the formality of notification in accordance with the provisions of the Public Health Code. The list of products notified in the country of delivery concerned is available on simple request made to: email@example.com.
Deliveries of products ordered on the Website are made to the delivery address indicated by the consumer client in the order.
6.2. Delivery times and methods
The average order processing time is 1 day after the receipt by GAIATREND of the payment of the price of the order made by the consumer client.
Products ordered on the Website are delivered by La Poste.
For deliveries of our products in mainland France (including Corsica), Monaco and the countries belonging to the European Union, GAIATREND offers the following delivery options - a period of 1 business day being added to the delivery times indicated below corresponding to the average order processing time from the receipt by GAIATREND of the payment by the consumer client of the price of their order:
•Lettre max sent within 48 hours with guarantee and tracking,
• So Colissimo (delivery within 48 hours),
• Chronopost and Chrono Relais (delivery within 24 hours),
• Postexport Europe et Suisse (with tracking) (delivery within 2-5 business days),
• Postexport Monde (with tracking) (delivery within 2-5 business days),
• Small International Priority package (with tracking to Europe) (delivery within 3-5 business days).
For deliveries of our products to an overseas department or territory or in a country not belonging to the European Union, GAIATREND offers the following delivery options - a period of 1 business day being added corresponding to the average order processing time from the receipt by GAIATREND of the payment by the consumer client of the price of their order:
• Colissimo Outre-Mer (delivery within 5-7 business days),
• Colissimo International (delivery within 3-8 business days),
• Postexport Monde (delivery within 2-5 business days),
• Lettre Max Outre-Mer (delivery within 5-7 business days).
However, if the ordered products are not delivered within the above time-frames, the consumer client may, in accordance with Articles L. 216-2 and following the Consumer Code, rescind the contract with GAIATREND, by registered mail with a request for acknowledgement of receipt, or in writing by any durable medium, if, after having requested GAIATREND according to the same provisions, to carry out a delivery within a reasonable extra time frame, GAIATREND does not deliver within this time frame.
Delivery means the transfer to the consumer client of the physical possession or control of the product ordered.
It is accepted by express agreement between GAIATREND and the consumer client, that a partial delivery of the ordered products is valid and the consumer client cannot refuse it.
6.3. Delivery costs
Delivery costs depend on both the indicated delivery address and the delivery method selected by the consumer client during the contracting process.
In any event, the delivery costs which are effectively applied to the consumer client's order will be indicated in the order summary that the consumer client will be invited to check before validating it to express final acceptance of the contract proposed by GAIATREND.
6.4. Usage checks upon delivery and transfer of risk
The consumer client should carefully check upon delivery the good condition of the delivered products and their compliance with the order and if they find any damage or non-compliance whatsoever, report it immediately to the carrier and indicate it on the delivery note.
In accordance with applicable law, any risk of loss or damage to the products passes to the consumer client when the latter or a third party designated by him, other than the carrier proposed by GAIATREND, takes physical possession of these products.
6.5. Spare parts
There are no spare parts for products sold by GAIATREND.
ARTICLE 7. Right of withdrawal
7.1. You have the right to withdraw from this contract without giving any reason within a period of fourteen days except in the following case where any right of withdrawal is excluded: the right of withdrawal is excluded for contracts of sale for products which have been unsealed by the consumer client after delivery and which cannot be returned on grounds of hygiene or health protection.
7.2. In cases where you have a right of withdrawal, the withdrawal period shall expire fourteen days:
- after the day when you, or a third party other than the carrier and indicated by you acquires, physical possession of the product,
- after the day when you, or a third party other than the carrier and indicated by you acquires, physical possession of the final product if the contract covers several products ordered using a single order and if such products are delivered separately,
- after the day when you, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or the last piece if the contract is for the delivery of a product in different lots or pieces.
7.3. To exercise the right of withdrawal, you must notify us at GAIATREND - Consumer Department (address: 10, Route de Strasbourg - 57410 ROHRBACH-LES-BITCHE - Telephone: +33 (0) 387 025 567 - Fax: +33 (0) 387 097 948 - Email: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by mail, fax or email). You can use the withdrawal form template below but it is not mandatory.
To download and print the withdrawal form, click the link provided in these GTCS ..Download
(Please complete and return this form only if you wish to cancel the contract)
For the attention of GAIATREND - Consumer Department - 10, route de Strasbourg - 57410 ROHRBACH-LES-BITCHE, Fax: +33 (0) 387 097 948, email: email@example.com:
I / We (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the product (*) / service (*) indicated below:
-ordered on (*) ……………………….
- received on (*)……………………………….
- name of (*) / the (*) consumer client(s) :……………………………………..
- address of (*) / the (*) consumer client(s) :…………………………………..
Signature of (*) / the consumer client(s)
(*) Delete as appropriate
For the withdrawal period to be complied with, it is sufficient for you to transmit your notification regarding the exercise of the right to withdraw before the expiration of the withdrawal period.
You will need to return or hand over the product to the following address GAIATREND - Consumer Department - 10, route de Strasbourg - 57410 ROHRBACH-LES-BITCHE without undue delay and in any event not later than fourteen days after you have communicated to us your decision to withdraw from this contract. This deadline is considered met if you send back the product before the expiration of the fourteen day period.
You must pay the direct cost of returning the product.
7.5. Your responsibility is taken only in respect of the depreciation of the product resulting from the handling other than that necessary to establish the nature, characteristics and functioning of the product.
ARTICLE 8. Guarantee
Unless otherwise provided by law or regulation, the consumer client is entitled to a legal guarantee of conformity as well as a legal guarantee against hidden defects. GAIATREND is thus liable for defects of conformity of the product to the contract under the conditions stipulated in Articles L. 217-9 to L. 271-13 of the Consumer Code, as well as hidden defects which could, if applicable, affect the item sold as provided for in articles 1641 to 1649 and 2232 of the Civil Code.
When the consumer client invokes a legal guarantee of conformity:
- They have a period of two years from delivery of the product to act;
• They can choose between repair or replacement of the product, subject to the conditions of cost under Article L. 211-9 of the Consumer Code;
- They are required to prove the existence of the lack of conformity of the product for the twenty-four months following the delivery of the product.
Please note that the legal guarantee of conformity applies irrespective of any commercial guarantee that might be granted.
The consumer client may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code and may, in this case, choose between cancelling the sale or reduction of the selling price pursuant to Article 1644 of the Civil Code.
Pursuant to Article L. 217-7 of the Consumer Code, GAIATREND nevertheless has the possibility of combating the presumption concerning the existence of a lack of conformity of the product during the 24 months following the delivery of the product, provided that such a presumption is not compatible with the nature of the product sold or even with the alleged lack of conformity.
To implement the legal guarantee of conformity or the legal guarantee against hidden defects, the consumer client must return to GAIATREND the product concerned in its original packaging, along with a copy of the invoice and a letter requesting the implementation of the guarantee, to the following address: GAIATREND - 10, Route de Strasbourg - 57410 ROHRBACH-LES-BITCHE. The costs for returning the product will be reimbursed to the consumer client, based on supporting documents, by GAIATREND if the lack of conformity or hidden defect is established as provided by law.
However, this guarantee does not apply for normal wear and tear, improper maintenance or misuse.
ARTICLE 9. Responsibility
9.1. In accordance with legal provisions, GAIATREND is automatically liable towards the consumer client for the proper performance of obligations under the sales contract concluded between them via the Website.
However, GAIATREND will be exempted from all or part of its liability by proving that non-performance or improper performance of the contract is attributable either to the consumer client, to the act, unforeseeable and unavoidable, by a third contract or a case of force majeure.
9.2. Notwithstanding the foregoing, GAIATREND shall not be liable for damage associated or caused using the Internet, particularly regarding access and use of the Website.
ARTICLE 10. Intellectual property
10.1. All Website elements are and remain the exclusive property of GAIATREND or the group to which it belongs, and are protected by French and international laws on intellectual property. Any use, reproduction, copying or redistribution for any purpose whatsoever, including for advertising purposes, even partially, of these elements of the Website whatsoever (software, video, audio etc.) is strictly forbidden.
10.2. The creation or the inclusion of any link whatsoever (simple, deep hyperlink, etc.) that would return or point to any of the pages of the Website is strictly prohibited without the prior written and express agreement of GAIATREND.
ARTICLE 11. Personal data
11.1. In accordance with the amended law no. 78-17 of 6 January 1978 relating to data processing, files and freedoms, the personal data that the consumer client provides when ordering is collected, stored and used by GAIATREND (Controller) for the management, processing, delivery and payment of its orders.
If, during the contracting process (see article 4.3 of these GTCS), the consumer client, by ticking the box "I would like to be notified of Alfaliquid news" expressly consented to be informed by our company on our news, the consumer client's email address will also be used by GAIATREND for sending this information.
11.2. This processing of personal data has been the subject of a prior declaration with the CNIL.
11.3. GAIATREND undertakes not to release whether free of charge or in exchange of payment, the details of its customers to third parties other than the service providers (subcontractors) which it uses, where appropriate, solely for management, processing, execution and payment of orders.
11.4. The personal data provided by the consumer client when ordering is data which enables the proof of a right or a contract concluded electronically with GAIATREND and is therefore subject to a legal obligation to archive when the said contract concerns an amount equal to or more than €120.
Consequently, the personal data provided by the consumer client when ordering is not stored beyond a period:
- 5 years from the date of delivery of the order (or from the delivery of the last ordered product if the order relates to more than one delivery date announced by the CNIL: up to 30 days after the product request and if these products are delivered separately) for any order less than €120,
- or 10 years from the date of delivery of said order (or the delivery of the final product ordered if the order is for several products and if the products are delivered separately) for any order amounting to €120 or more.
If paying by bank card, GAIATREND does not keep the consumer client's bank details beyond the time required to complete the transaction.
11.5. The consumer client has a right of access, a right of rectification, a right to remove personal data concerning them, a right to oppose the processing of this data, as well as the right to define directives concerning the fate of their personal data after their death, which they can exercise with the GAIATREND Consumer Department by sending a letter to GAIATREND (Consumer Department) - 10, Route de Strasbourg - 57410 ROHRBACH-LES-BITCHE, or by sending an email to firstname.lastname@example.org.
ARTICLE 12. Archiving - Evidence
12.1. In accordance with the legal and regulatory provisions in force, GAIATREND informs that, for a period of 10 years from the date of delivery of the products, GAIATREND archives the contracts it concludes with the consumer client via the Website and which relate to a sum equal to or greater than €120. During these 10 years, the consumer client may at any time send a request to GAIATREND for access to their archived contract by contacting the Consumer Department at GAIATREND by sending a letter to GAIATREND (Consumer Department) - 10, Route de Strasbourg - 57410 ROHRBACH-LES-BITCHE, or an email to email@example.com.
12.2. Except in case of proof to the contrary, the data recorded in the computer system of GAIATREND constitutes proof of all communications, orders, payments and transactions between GAIATREND and the consumer client.
ARTICLE 13. Complaints-Amicable settlement of disputes
For any complaints, the consumer client can contact our Consumer Department from Monday-Friday 8.30am to 12pm and from 1.30pm to 5.30pm (excluding holidays) by telephone +33 (0) 387 028 567 (not a premium rate number), fax (+33 (0) 387 097 948), email (firstname.lastname@example.org), mail (GAIATREND - 10, Route de Strasbourg - 57410 ROHRBACH-LES-BITCHE), or using the contact form (“email@example.com ”) available on the Website.
13.2. Consumer client mediation
Please note that, in the event of dispute, you have the possibility to have recourse free of charge to a consumer client mediator under the conditions stipulated in Title I of Book VI (Articles L. 611-1 to L. 616-3) of the Consumer Code, with a view to amicable settlement of the disputes which could bring you in to conflict with GAIATREND.
Pending its appointment in the vape sector, GAIATREND invites you to consult the website for consumer client mediation accessible on the portal of the Ministry of Economy and Finance via the following link: http: // www.economie.gouv.fr/mediation-conso ".
13.3. Online dispute resolution platform (ODR) of the European Commission
Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on consumer online dispute resolution (ODR), we inform you that the European Commission has developed and released a payment platform online dispute resolution (ODR) for settling disputes concerning contractual obligations arising from contracts of online sales or services between consumer clients residing in the European Union and a professional established in the European Union.
This ODR platform is a one-stop shop for consumer clients and professionals wishing to settle such disputes out of court. It is an interactive website which can be accessed electronically and free of charge in all the official languages of the institutions of the Union.
The ODR platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR
ARTICLE 14. Applicable law - Court of competent jurisdiction
14.1. Applicable law
These GTCS, as well as all disputes relating to their application or interpretation, and all disputes relating to the formation, interpretation, execution and termination for any reason whatsoever of the contracts concluded between GAIATREND and the consumer client are exclusively subject to French law.
Similarly, the http://www.alfaliquid.com Website and all legal relationships (including the contractual relationship) that may be bound, via this website, between GAIATREND and visitors of that Website are exclusively subject to French law.
14.2. Court of competent jurisdiction
If the consumer client is domiciled in French territory, the court competent to settle all disputes relating to the http://www.alfaliquid.com Website, these GTCS, their application or interpretation, and all disputes relating to the formation, interpretation, execution and termination for any reason whatsoever of the contracts concluded between GAIATREND and the consumer client is determined by application of the rules of jurisdiction provided for by French law.
Unless otherwise provided, if the consumer client is not domiciled in the French territory, all disputes relating to the http://www.alfaliquid.com Website, these GTCS, their application or their interpretation, as well as all disputes relating to the formation, interpretation, execution and termination for any reason whatsoever of the contracts concluded between GAIATREND and the consumer client, are exclusively subject to the jurisdiction of the Courts of the place of the registered office of GAIATREND.
ARTICLE 15. Final provisions
15.1. If any of the clauses of these GTCS are found to be totally or partially void, unenforceable or otherwise invalid or unenforceable, the validity of the remaining clauses will not be affected.
15.2. The fact that GAIATREND does not exercise any of the rights afforded to it by these GTCS or that it does not require the application of any provision of the said GTCS shall under no circumstances be interpreted as a waiver on its part to avail itself of the rights or clauses provided for by these GTCS.