Article 1: Acceptance
These general terms and conditions of sale are entered into, on the one hand, by the company MV MOD VAPE (SASU), whose registered office is at CX 75647, 38 rue Dunois, 75013 Paris (SIRET: 939 403 937 00013), hereinafter “the seller”, and, on the other hand, by any individual or legal entity wishing to make a purchase via the website byclope.fr (www.byclope.fr), hereinafter “the buyer”.
These Terms and Conditions will prevail over any other general or special conditions not expressly agreed by byclope.fr. byclope.fr reserves the right to amend its Terms and Conditions at any time. The conditions that apply will be those in force on the date of the buyer's order.
Article 2: Products
The products and services offered are those shown in the catalogue published on the byclope.fr website. These products and services are offered while stocks last.
Should a product become unavailable after an order has been placed, byclope.fr will inform you by email or by post as soon as it receives the information from its suppliers.
The products may then be exchanged or refunded within 14 days.
The catalogue photographs are as faithful as possible but cannot guarantee a perfect match with the product offered, particularly as regards the rendering of colours.
Article 3: Prices and payment
The prices shown in the catalogue are in euros, including VAT.
The products are sold to the buyer at the price in force on the day of the order. The seller may nevertheless announce a change to its prices at any time, but the products ordered will be invoiced at the price in force when the order is placed. The prices in force on the day of the order are deemed to be known to the buyer.
The prices shown are exclusive of postage and delivery costs.
No partial payment is accepted by the seller; the goods are payable in full when the order is placed, unless otherwise stipulated.
No delivery can be made before the sums due have been received.
Likewise, a defaulting buyer will owe a fixed penalty equal to the amount of the instalments still to fall due.
The buyer pays for the order by bank card on a secure payment platform. Because this platform is used, no banking information of the buyer will be known to byclope.fr.
Article 4: Delivery
Your products are delivered to the delivery address given when you place your order; the delivery address may differ from your billing address.
Once the tracking shows a status such as "distributed" or "delivered" (for deliveries handed over without a signature), no further action can be considered. byclope.fr undertakes to take steps with the carrier for as long as this status has not been confirmed (claims, re-shipments, etc.).
In the event of a damaged delivery, byclope.fr undertakes to replace the defective product(s) on presentation of a photo of the packaging and of the clearly identifiable products (a return may also be requested).
In the case of international sales, byclope.fr cannot be held liable for a block by customs in the destination country. No compensation may be claimed from the sender in the event of seizure or blockage. We will nevertheless do our best to supply you with as much information as possible to help regularise the situation.
I acknowledge that I am of legal age and that I am permitted by the legislation of my country to buy products containing nicotine.
If the parcel is not received for reasons attributable to the recipient (incomplete delivery address, parcel not collected from the post office within the 15-day period, missing name on the letterbox, etc.), the parcel will only be re-shipped by our services once the new shipping costs have been paid (same rate as the first shipment).
Delivery times (48 hours or otherwise) are given by the postal service for guidance only. Consequently, if the postal service fails to meet these times, the buyer will in no case be entitled to claim damages from the seller, nor to make any deduction or cancel orders in progress.
Article 5: Information on exercising the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, take physical possession of the goods.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by post, fax or email).
Your decision must be notified to the following address:
Byclope.fr
130 Boulevard Gabriel Péri 91170 Viry-Chatillon
support@byclope.fr
You may use the model withdrawal form set out in these general terms and conditions of sale and on the back of your invoice, but it is not compulsory.
You may also complete and submit the model withdrawal form or any other unequivocal statement on our website (www.byclope.fr, “contact” section). If you use this option, we will send you an acknowledgement of receipt of the withdrawal without delay on a durable medium (for example, a letter sent by post or an email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice, where applicable, of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.
We will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise; in any event, this refund will not incur any fees for you.
We may defer the refund until we have received the goods or until you have supplied proof of having sent back the goods, whichever is the earlier.
You must send back the goods to the following address:
byclope.fr
130 boulevard Gabriel Péri 91170 Viry Chatillon
You must send back the goods without undue delay and in any event no later than fourteen days after you have communicated your decision to withdraw from this contract to us.
This deadline is deemed to be met if you send back the goods before the fourteen-day period has expired.
You will bear the direct cost of returning the goods.
You are liable only for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Limits to the right of withdrawal
No right of withdrawal may be exercised for contracts:
- for the supply of goods liable to deteriorate or expire rapidly
- for the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for hygiene or health protection reasons
Model withdrawal form
For the attention of byclope.fr, 130 boulevard Gabriel Péri 91170 Viry Chatillon support@byclope.fr.
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
Article 6: Statutory guarantee of conformity
The products sold by byclope.fr are covered by the statutory guarantee of conformity (Articles L211-1 et seq. of the French Consumer Code).
The Consumer Code places on the seller the obligation to deliver goods that conform to the contract. A lack of conformity is a breach of that obligation. However, the seller is only liable for lack of conformity that existed at the time the goods were delivered. Defects that did not exist at the time of delivery and only began to affect the item afterwards are not covered by the guarantee.
The buyer nevertheless benefits from the presumption that “defects that appear within six months of delivery of the goods are presumed to have existed at the time of delivery”. The guarantee will not succeed if the seller demonstrates that the defect did not exist at the time the goods were delivered.
The guarantee also cannot be applied where it would be incompatible with the nature of the goods or of the defect alleged.
In the event of a lack of conformity, the buyer will choose between repair and replacement of the goods.
However, the seller may decline to proceed in accordance with the buyer's choice if that choice entails a cost that is manifestly disproportionate compared with the other option, taking into account the value of the goods or the seriousness of the defect.
The seller is then required, unless impossible, to proceed in accordance with the option not chosen by the buyer.
If repair and replacement of the goods are both impossible, the buyer may return the goods and have the price refunded, or keep the goods and have part of the price returned.
The same option is open to the buyer:
1° If the solution requested, proposed or agreed under Article L. 211-9 cannot be implemented within one month of the buyer's claim;
2° Or if this solution cannot be implemented without major inconvenience to the buyer, taking into account the nature of the goods and the use the buyer seeks.
The provisions of Articles L. 211-9 and L. 211-10 apply at no cost to the buyer.
The products sold by byclope.fr are also covered by the guarantee against hidden defects, in accordance with the provisions of Articles 1641 et seq. of the French Civil Code.
Article 7: Orders
Before confirming acceptance of the offer, the consumer checks:
- the details of the order (product concerned, any price reduction, payment method, delivery method)
- the total price including VAT
- personal information (name, delivery address, etc.)
- and corrects any errors.
To spare the buyer from placing the same order several times for fear that it has not been properly recorded, we send the buyer an acknowledgement of receipt of the order by electronic means as soon as possible. This formality gives the buyer certainty that their intention to contract has been taken into account.
I acknowledge that I am of legal age and that I am permitted by the legislation of my country to buy products containing nicotine.
Article 8: Liability
The consumer is expressly informed that byclope.fr is not the manufacturer of the products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the manufacturer of that product can be held liable by the consumer.
In the online sales process, the seller is bound only by an obligation of means; it cannot be held liable for damage resulting from use of the Internet such as loss of data, intrusion, viruses, service interruption or other unintentional problems.
All products marketed by byclope.fr are intended to reproduce the inhalation of vapour. Some of the products used to produce the vapour are based on Propylene Glycol or Vegetable Glycerine.
As no scientific study has been carried out on the side effects that may be linked to the absorption of these substances, the customer acknowledges using these products under their full and sole responsibility. byclope.fr therefore cannot be held liable for any health problem affecting any of its customers.
Article 9: Intellectual property
All elements of the www.byclope.fr site are and remain the exclusive intellectual property of the company MV MOD VAPE. No one is authorised to reproduce, exploit, redistribute or use in any capacity whatsoever, even partially, any element of the site, whether software, visual or audio, without the express consent of the owner.
The photos on the site are not contractually binding.
ARTICLE 10: Personal data
In accordance with the French Data Protection Act of 6 January 1978, personal information relating to buyers may be subject to automated processing. byclope.fr reserves the right to collect information about buyers, including by using cookies, and, if it wishes, to pass the information collected on to business partners.
Buyers may object to the disclosure of their contact details by notifying byclope.fr. Likewise, users have a right of access to and rectification of the data concerning them, in accordance with the Act of 6 January 1978.
The automated processing of information, including the management of site users' email addresses, has been declared to the CNIL, the French data protection authority (No. 156031).
Article 11: Promotions
During promotions, discount vouchers, gift vouchers and the like cannot be combined with one another.
Article 12: After-sales service and claims
All claims must be made via the contact form on the site (subject "after-sales service") or by email to: support@byclope.fr
Any return of goods must be expressly agreed by Byclope. The products must be returned in perfect condition and in their original packaging with any accessories.
You certify that you are over 18.
The sale of electronic cigarettes, their accessories, and liquids or e-liquids is prohibited to minors. By accepting these conditions.
No e-liquid tastes like a real cigarette. Nicotine is not recommended for minors, for people with cardiovascular problems, or for pregnant or breastfeeding women.
As the electronic cigarette is not officially recognised as a smoking cessation aid, the products on sale on this site cannot be considered as an aid to stop smoking.
Keep out of the reach of children.
Article 13: Applicable law, Mediation and Online Dispute Resolution
Applicable law
These general terms and conditions are governed by French law. The buyer may, at any time, consult their rights at the following addresses:
- www.legifrance.fr
- www.cnil.fr
In the absence of an amicable agreement, any dispute relating to the interpretation, performance or termination of the contract entered into between the Seller and the Customer will be submitted to the competent court under the conditions of ordinary law.
Mediation
In the event of difficulties arising in connection with the order or the delivery, and in accordance with Article L. 612-1 of the Consumer Code, the buyer will be able to use, free of charge, the MEDICYS mediation service to which the seller belongs:
- electronically: conso.medicys.fr
- by post: MEDICYS - 73, Boulevard de Clichy 75009 Paris
Online Dispute Resolution Platform
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and traders in the European Union.
This platform can be accessed at the following link: https://ec.europa.eu/consumers/odr