§1. Seller details and contact

The Seller and Service administrator is MISRULE SAS, a French company (Société par actions simplifiée), registered office: 36 RUE DU LOUVRE, 75001 Paris, France, VAT (TVA): FR43937998417, SIRET: 937 998 417 00011, registered with the Paris RCS.

Contact: contact@eliqvapoteur.com, +33672757815; postal correspondence at the registered office address.

The Service is available at eliqvapoteur.com (hereinafter: the “Service” or the “Store”).

§2. Scope and definitions

These Terms (the “Terms”) govern the provision of electronic services, account creation, placing orders, and conclusion and performance of distance sales contracts for goods offered by the Seller to consumers within the European Union and other specified jurisdictions.

Definitions:

1. Customer – an adult natural person with full legal capacity purchasing for purposes not directly related to their business or profession (consumer) or — where expressly provided — a business customer;
2. User – a person who has created an account in the Service;
3. Goods – in particular e-liquids, flavours, bases, vaping devices and accessories, including power components;
4. Order – the Customer’s declaration of intent aimed directly at concluding a sales contract;
5. Account – the User’s administration panel in the Service;
6. Carrier – an entity performing carriage chosen by the Customer or indicated by the Seller on the Customer’s behalf;
7. Destination country – the country to which the Goods are delivered at the Customer’s request.

§3. Language, governing law and jurisdiction

1. Contracts are concluded in one of the language versions made available in the Service. In case of discrepancies, the French version prevails.
2. The contracts are governed by the law of the French Republic, without prejudice to mandatory consumer protection rules of the Customer’s country of habitual residence.
3. All disputes shall be resolved by the ordinary courts in Paris, without prejudice to the Customer’s procedural rights under their national law and the right to use the EU ODR platform.

§4. Service access, Account and age verification

1. The Service is intended only for adults (18+). The Seller reserves the right to apply age verification measures, including declarations, payment authorisation or limited ID verification (with masking of non-essential data).
2. Account registration is voluntary. The User must provide true and up-to-date data and protect the confidentiality of login credentials.
3. The Seller may refuse to conclude or may terminate a contract where there is a justified suspicion of violations concerning age restrictions, illicit trade, payment abuse or other breaches of law.

§5. Information on Goods and safety

1. Some Goods may contain nicotine — a highly addictive substance. Products are not medicinal or pharmaceutical products and are not intended for addiction treatment.
2. Use as per the manufacturer’s instructions; not recommended for pregnant women, persons with cardiovascular or respiratory diseases, or persons sensitive to ingredients.
3. For power components (batteries), the Customer should use only compatible chargers and exercise particular caution; damage resulting from improper use does not constitute lack of conformity.
4. Product images and descriptions are for information only; differences due to production batches do not affect conformity if not material.

§6. Prices, currencies, VAT and invoicing

1. Prices are shown in the currency indicated in the Service and include VAT (gross prices), unless expressly stated otherwise.
2. For intra-EU B2C sales, the Seller applies the OSS (One-Stop Shop) procedure, charging VAT at the rate applicable in the Customer’s country of habitual residence and keeping the required records (generally for 10 years).
3. Prices do not include delivery costs, duties, taxes or charges arising outside France; these are borne separately by the Customer, in accordance with §§8 and 9.
4. Available payment methods and any fees are indicated during the Order process.

§7. Placing Orders and contract conclusion

1. Product presentations and commercial information in the Service are informational and do not constitute an offer under applicable law. Placing an Order constitutes an offer to conclude a contract. The contract is concluded when the Seller sends an explicit confirmation of acceptance for processing or when preparation for dispatch begins, of which the Customer is informed.
2. Order processing may be conditional upon prior payment authorisation or settlement.
3. The Seller may refuse an Order for valid reasons, in particular: lack of payment, negative age verification, justified risk of breach of law in the destination country, or justified suspicion of abuse.

§8. Delivery, transfer of risk and carriage arrangements

1. Deliveries are made from France to the address indicated by the Customer.
2. As a rule, the Customer selects the Carrier and commissions carriage in their own name. If the Customer uses the option “shipping via the Seller”, the Seller acts solely as the Customer’s agent in concluding the carriage contract (choosing the Carrier and dispatching the parcel). Accordingly, the cost and risk of carriage — from handover to the Carrier — are borne by the Customer (solution similar to Incoterms® FCA – Paris), unless mandatory consumer law provides otherwise.
3. Delivery times are indicative. Delays caused by the Carrier, public authority checks or fiscal/customs formalities do not constitute improper performance by the Seller.
4. In some countries, full tracking activates after takeover by the local operator; the Customer will be informed of this in the Service and in the confirmation e-mail.

§9. Public-law obligations in the destination country (taxes, excise, customs)

1. The Customer acknowledges that in some jurisdictions the Goods (in particular e-liquids) may be subject to national excise taxes, customs duties or other public charges and labelling/notification requirements.
2. In such cases these obligations are borne by the purchaser/recipient under the destination country’s law (e.g., declaration and payment of excise, duties, meeting labelling requirements). The OSS procedure covers VAT only and does not replace excise or customs requirements.
3. The Customer undertakes to fulfil the above obligations independently and to hold the Seller harmless for consequences of failure (including detention/confiscation by authorities).
4. The delivery arrangements in §8(2) serve to clearly and transparently define the parties’ roles in cross-border transport; the Customer’s choice of delivery method does not affect statutory consumer rights under mandatory law.
5. By placing an Order for delivery outside France, the Customer acts as the importer under the destination country’s law and is fully responsible for customs, excise and tax obligations related to the import.
6. The Seller does not provide customs or fiscal services in the destination country and does not act as a tax representative, customs agent or payer of local taxes. All such obligations are performed by the Customer.
7. The Customer acknowledges that if the Goods are detained, seized or confiscated by public authorities due to non-payment of public charges in the destination country, the Seller — to the fullest extent permitted by applicable consumer law — is not liable and is not obliged to refund the price or costs, without prejudice to the Customer’s mandatory consumer rights.
8. No provision of these Terms may be interpreted as transferring excise or tax obligations in the destination country to the Seller.

§10. Product conformity and liability

• The consumer has a statutory right to withdraw from a distance contract within the period provided by the applicable law (generally 14 days) counted from delivery of the Goods.
• The right of withdrawal does not apply to goods sealed for health or hygiene reasons if opened after delivery (e.g., e-liquids, mouthpieces), and to goods made to the Customer’s specifications.
• Refunds are made within the statutory time after receiving the declaration and the Goods (if required), via the same payment channel unless the Customer expressly agrees otherwise.
• The cost of returning the Goods is borne by the Customer, unless expressly stated otherwise by the Seller.

§11. Prices, currencies, VAT and invoicing

1. The Seller is liable to the consumer for conformity of the Goods with the contract under mandatory consumer law (implementation of Directive (EU) 2019/771).
2. Independently of the foregoing, certain Goods may be covered by a manufacturer’s warranty — its scope and duration are set out in the warranty document. The warranty does not exclude, limit or suspend the consumer’s statutory rights.
3. The Seller is not liable for damage resulting from improper use of the Goods or failure to follow the manufacturer’s instructions.

§12. Complaints procedure, mediation and ODR

1. Complaints should be submitted via the Account form or to the e-mail address: [insert]; please include the Order number, description of non-conformity and your request.
2. The Seller will respond within a reasonable time consistent with applicable law.
3. Consumer mediation under French law is available; the competent mediator’s details will be indicated in the Service. The Customer may also use the EU ODR platform.

§13. Limitation of liability

1. To the extent permitted by consumer law, the Seller is not liable for: (i) the Customer’s failure to fulfil fiscal/customs obligations in the destination country, (ii) Carrier actions, (iii) decisions of public authorities resulting in detention, destruction or confiscation of the Goods.
2. This paragraph does not exclude the Seller’s liability for personal injury or wilful misconduct.

§14. Intellectual property and User content

1. Content available in the Service (text, graphics, layout, trademarks) is legally protected; recording or distributing it without the Seller’s consent is prohibited.
2. By posting a review, the User grants the Seller a non-exclusive, royalty-free licence to display it in the Service and promotional materials.

§15. Force majeure

1. The parties are not liable for non-performance caused by events they could not foresee or prevent (including acts of authorities, border blockades, supply chain disruptions, epidemics, failures of public systems).

§16. Amendments and archiving

1. The Seller may amend the Terms for valid reasons (including legal changes, offer changes, technology changes). Contracts concluded before the change remain governed by the previous version.
2. The Service maintains an archive of Terms versions available for Users to review.