Article 1: Preamble
The present terms and conditions of sale apply exclusively between the company Mistersmoke / TDN Online, 285 rue du calvaire CRT1, 59810 LESQUIN CEDEX (hereafter "We") and any person visiting or making a purchase via the website www.mistersmoke.com (hereafter "You").
Any Internet user can read the General Terms and Conditions of Sale on the website www.mistersmoke.com (hereinafter the "Site"). As these General Terms and Conditions of Sale may be subject to change, the applicable conditions are those in force on the site on the date your order is placed.
Article 2: Contract
2.1 Conditions for placing an order
You declare that you are at least 18 years old and have the legal capacity to place an order on the site.
Orders are processed within 24 hours, Monday to Friday. Orders placed on Friday after 2pm are only processed from Monday.
After placing your order, we will send you an e-mail confirming your order. We will then inform you when your items have been dispatched.
You may, however, change your pending order.
You have a legal right of withdrawal of 14 days, which means that you have 14 days to cancel your order and notify us of your withdrawal in writing by sending us the standard form available here. However, products must be returned in their original packaging, unopened and unused.
After agreement on our part, you have 14 days to return the said article to us. The refund will then be made within 14 days according to the method of payment used at the time of purchase. Payment in the form of a credit note or voucher can only be refunded.
In case of withdrawal, the delivery costs may be refunded on the basis of a standard cost. The rate of a standard delivery in relay point could be applied for the refunding of an express delivery.
2.3 Conditions of validation of your order
In case of doubt about the validity of your order, TDN Online may contact you to verify your identity. TDN Online is authorized to request a copy of your identity card to confirm the information you have provided to us in order to combat fraud and identity theft on the Internet. Mistersmoke.com undertakes not to communicate your details and does not resell them to third party sites.
Article 3: Prices, availability and delivery
The prices displayed on the site are indicated in euros including all French taxes (French VAT and other applicable taxes), excluding participation in the shipping costs, the cost of processing your order.
We can accept your orders while stocks last. We inform you of the availability of the items sold on the site on the information page of each item.
If, despite our vigilance, the items are unavailable, we will inform you by e-mail or telephone as soon as possible.
In case of permanent unavailability, and if we cannot provide you with an item of equivalent quality and price, your order or the unavailable product will be automatically cancelled and you will be refunded as soon as possible.
Despite our best efforts, it is possible that a limited number of items on our Site may contain a pricing error. Rest assured, however, that we check prices during the procedure for sending your item.
If the corrected price is lower than the price displayed on the site, we will apply the lower price and send you your item. If the corrected price is higher than the price displayed on the site, we will inform you and cancel your order unless you choose to accept the order at the new price.
We undertake to deliver your items within a maximum of 30 days (Except for deliveries in countries outside the EU and French overseas departments and territories). Delivery means the transfer of physical possession or control of the goods to the customer. In the event of a delivery problem due to the carrier (order not received), please contact us no later than 30 days after the date of the order. Beyond this period, we will not be able to refund the order.
For Chronopost deliveries, we inform you that you have a period of 3 days after dispatch to inform us of any delay in delivery. After this period, we will not be able to take into account your complaint.
Upon receipt of your packages, it is imperative to verify the contents in front of the carrier. MisterSmoke will only be liable for transport risks if the customer has checked the goods on receipt in the presence of the carrier and has made a written note on the delivery note of the precise reservations he has observed (specify the damage observed before signing the delivery note).
To this end, the customer must carry out a visual check before signing the carrier's delivery note. In all cases, the customer must refuse any package that would be too damaged or open. We will reship a new item as soon as possible at our expense.
Any goods accepted by the customer without specific reservations on the delivery note will be deemed to have arrived in good condition and in its entirety (number of packages, products, identity in relation to the order, etc.): in this case, MisterSmoke cannot be held responsible.
In case of reservations on the delivery note, the customer must make a claim within 48 hours from the day of receipt by email to firstname.lastname@example.org.
Product prices may vary according to time-limited offers. Mistersmoke.com may decide not to include a gift in the order if the promotional offer is interesting enough for the customer.
Article 4: Customs duties
Any order placed on the site and delivered outside of France may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of an item are at your charge and are your responsibility. We are not obliged to check and inform you of the customs duties and taxes applicable.
To find out about them, we advise you to contact the competent authorities in your country.
Article 5: Payment
You can pay by credit card, Paypal or bank transfer.
Cards issued by banks outside France must be international bank cards. In the case of payment by credit card, the amount of your order is debited at the time of placing it. In the case of a bank transfer outside Metropolitan France, the additional costs associated with the transaction will be charged to the customer.
Payment in several instalments without charge
- Mistersmoke offers its Customers the Alma credit service for the settlement of their purchases and the execution of payment. This is conditional on the Customer's acceptance of the GTC or the credit agreement offered by Alma.
- Any refusal by Alma to grant credit for an order may result in the cancellation of the order.
- Any termination of the GTC between the Client and Mistersmoke shall result in the termination of the GTC or the credit agreement between Alma and the Client.
- The amount is paid by a credit granted by Alma SAS registered on the REGAFI under number 90876.
- For all complaints: https: //support.getalma.eu/
- "The amount is paid by a credit granted by Alma SAS registered on the REGAFI under number 90876."
5.1 : Gift Card
The MisterSmoke gift card can be used all at once and cannot be cumulated with other gift cards or any other means of payment.
Its activation can be paid for by all the payment methods usually accepted by MisterSmoke. It is valid for twelve months from the date of activation.
It cannot be returned, exchanged or refunded for any reason whatsoever (including theft, loss or damage). Products purchased using the MisterSmoke gift card are subject to the same guarantee policy as products paid for by other means of payment.
Article 6: Returns
Please take note of our return policy.
We accept to replace a damaged product or one that does not conform to your order. This applies to all items sold on the site, with the exception of perishable and sensitive goods: electronic cigarette liquids, disposable electronic cigarettes, confectionery, scented oils. Items unsealed after delivery or that cannot be reused for reasons of hygiene or health protection cannot be returned.
We inform you that you have a legal period of 14 days after receipt of your package to report to us any item received broken and / or non-compliant. The articles must not have been used.
After this period, no returns or refund requests will be accepted.
Before proceeding with the return of the damaged/defective/non-conforming item, please contact our customer service department at 03.20.90.56.55 or by e-mail at email@example.com.
. Our advisors will tell you what to do after accepting your return request. After agreement, we commit ourselves to reimburse you for the damaged/defective/non-conforming item within 30 days from the date of receipt of the product or the proof of shipment. Any return of damaged/defective/non-conforming items not previously reported to our Customer Service Department will not be eligible for a refund or credit.
You have 14 days to cancel your order and notify us of your withdrawal in writing by sending us the standard form available here. However, the products must be returned in their original packaging, not unpacked and must not have been used.
After agreement on our part, you have 14 days to return the said article to us. The refund will then be made within 14 days according to the method of payment used at the time of purchase. Payment in the form of a credit note or voucher can only be refunded. Delivery charges paid at the time of placing the order can only be refunded in the case of the return of a complete order.
The return shipping costs remain the responsibility of the customer.
Article 7: Retention of title
The goods delivered will remain our property until they are dispatched when they are handed over to the carrier, once You have paid the price.
Article 8: Guarantees and liability
You benefit from the provisions of the legal guarantee against hidden defects.
Electronic products may be covered by the manufacturer's guarantee indicated on the detailed product sheet. In the event of a breakdown during the period of the manufacturer's warranty, please contact the manufacturer who will be better able to help you.
We decline all responsibility in the event that the article delivered does not comply with the legislation of a country other than France.
We undertake to take all the care in use in the profession for the implementation of the service offered to the customer. Nevertheless, our responsibility cannot be retained in the event of failure to meet our contractual obligations due to a fortuitous event or a case of force majeure as defined by the jurisprudence of the French courts.
Our responsibility will not be engaged in case of delay due to a stock shortage at the supplier. Moreover, in the event of non-substantial differences between the presentation photos of the articles on our site, texts and illustrations and the articles ordered, our responsibility will not be engaged.
We will use all reasonable endeavours to provide the services described in these Terms and Conditions. We are responsible for any direct and foreseeable damage at the time of the use of the site or the conclusion of the sales contract between Us and You.
In no event shall we be liable for loss of profits, commercial losses, loss of data or loss of earnings or any other indirect damage or damage that was not foreseeable at the time of the use of the site or the conclusion of the sales contract between Us and You.
The above limitation of liability shall not apply in the event of theft or gross negligence on our part, in the event of personal injury or liability for defective products, in the event of eviction and in the event of non-conformity (including due to hidden defects).
Article 9: Site access licence
We grant you a limited license to access and use the Site for your personal use. Under no circumstances are you allowed to download or modify all or part of this site without our express written permission.
This license does not allow you to use, for sale or for any other commercial use this site or its contents (listed products, descriptions, prices, downloading or copying information on behalf of another merchant, use of data, software, sound clips, graphics, images, text, photographs, tools).
This site or any part of this site may not be reproduced, copied, sold or exploited for commercial purposes without our express written permission.
You must not use any techniques to copy any trade mark, logo or other information (including images, text or designs) owned by us without our express written consent.
You must not use any meta tags or any other "hidden" text containing our name, our brand or that of our group companies without our express written consent. Any unauthorised use will terminate the licence we have granted you.
We authorise you, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the site on the condition that this link cannot create a false, false, pejorative or prejudicial character to our products or services.
Under no circumstances can the creation of this hypertext link engage our responsibility, in any capacity whatsoever, for the content of your site. Any use in your link of our logo, our brand or our graphics requires our express written authorization.
Article 10: Comments, criticisms, communications and other content
Users of this site may send us criticisms, comments or any other content; submit suggestions, ideas, questions or any other information as long as such content is not illegal, obscene, abusive, threatening, defamatory, libellous, infringing of intellectual property rights, or harmful to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailing, chain letters or any other form of "spam".
You may not use a false e-mail address, impersonate any person or entity, or lie about the origin of the content. We reserve the right, at our sole discretion, to remove or modify any content, in particular for technical reasons (insufficient storage capacity, viruses, clarity of the web page) or legal reasons (defamatory, misleading, racist, obscene or apology for crimes against humanity). The above-mentioned reasons are given as examples and should not be interpreted as exhaustive.
Article 11: Protection of personal data
We are committed to protecting your personal data. All personal data concerning you that We have collected is treated with the strictest confidentiality, in accordance with the provisions of our personal data protection policy.
Article 12: Applicable law and jurisdiction
The present general conditions of sale are subject to French law. All disputes relating to the commercial relationship between You and Us are subject to the non-exclusive jurisdiction of the French courts.
Following the order n°2015-1033 of 20 August 2015 relating to the "Out-of-court settlement of consumer disputes" and its implementing decree n°2015-1382 of 30 October 2015, the consumer is now able to have recourse free of charge to a consumer mediator for the amicable settlement of a dispute between him and a professional.
Recourse to the mediator can only be made if the steps to resolve the dispute with the Mistersmoke.com customer service have been unsuccessful and within a maximum period of 1 year.
NB: The list of accredited mediators will be made available as soon as it is published by the Commission d'Evaluation et de Contrôle de la Médiation de la Consommation.
Article 13: Identification
Mistersmoke.com is a trademark used to define TDN.
This website is owned and operated by TDN Online.
285 rue du calvaire CRT1
E-mail : firstname.lastname@example.org
Telephone : 03 20 90 56 55
RCS LILLE METROPOLE : 449 471 465
You can contact us using this link: https://www.mistersmoke.com/nous-contacter-i-4.html.
If you believe that any content appearing on our site may infringe any of your intellectual property rights, or if you have a question about our site, you can write to us at the following address:
285 rue du calvaire CRT1
You can also contact us at the following address: https://www.mistersmoke.com/nous-contacter-i-4.html.
Article 14: Acceptance of the General Terms and Conditions of Sale
By clicking on the "validate" button on the order form, the customer acknowledges having read and accepted the general terms and conditions of sale and adheres to them irrevocably and without reservation. From this moment, the order is considered as validated subject to the collection of the total price which must be paid at the time of the order as stated above. In the absence of payment, the order is considered null and void.