GTC
GENERAL CONDITIONS OF SALE
Article 1: Acceptance
These general conditions of sale are concluded on the one hand by the company FELIFORMIA, represented by Kemal YILDIZ, whose registered office is located at 19 Rue Picasso – 93370 Montfermeil (Siret No.: 89755386300019), hereinafter “the seller”, and on the other hand, by any natural or legal person wishing to make a purchase via the website www.ecigplanete.com hereinafter referred to as "the buyer". These T&Cs shall prevail over any other general or specific conditions not expressly approved by Feliformia reserves the right to modify its T&Cs at any time. The applicable conditions will be those in force on the date of the order by the buyer.
For any question or complaint relating to the products, to his order, to his personal data, to the right of withdrawal or to the application of the product guarantee, the Customer can contact the company Feliformia at the following coordinates:
By mail: Feliformia
19 rue Picasso
93370 Montfermeil
By phone: 01 86 86 02 59
By email: contact@feliformia.fr
Section 2: Products
The products and services offered are those listed in the catalog published on the feliformia.fr website. These products and services are offered within the limits of available stocks.
The products can then be exchanged or refunded within the legal period of 14 days. The photographs in the catalog are as faithful as possible but cannot ensure perfect similarity with the product offered, particularly with regard to color rendering.
In the event that one of the products ordered is not available during the preparation of the Customer's order, feliformia undertakes to contact the Customer by e-mail as soon as possible from the date of his order in order to to indicate to him in what time this product can be delivered, it being specified that the Customer is entitled to cancel his order.
In case of impossibility of supplying a product, it will be proposed to the Customer to exchange it with another product of equivalent quality, characteristics and price. Otherwise, that is to say in the event of cancellation of the order of the product concerned by the Customer, the refund of the unavailable product will be made at the latest within fourteen (14) days following receipt of the sums paid. by the customer. Reimbursement is made by crediting his bank account. The cancellation of the product order and its refund will not affect the rest of the order, which will remain firm and definitive.
Pursuant to Article L. 111-4 of the Consumer Code, Feliformia delivers to the Customer, on any suitable medium before the conclusion of the sale, information relating to the period during which or the date until which the parts spare parts essential for the use of the product are available on the market, when this information has actually been transmitted to it by the manufacturer or the importer. This information, when transmitted by the manufacturer or importer, will be confirmed in writing when the Customer purchases the product.
Article 3: Rates, payment
the prices listed in the catalog are prices including VAT in euros.
The products are sold to the buyer according to the price in force on the day of the order. The seller may, however, report a change in its prices at any time, but the products ordered will be
billed at the price in effect when the order is placed. The prices in force on the day of the order are considered as known to the buyer. The prices indicated include transport and delivery costs in mainland France excluding Corsica.
No partial payment is accepted by the seller, the goods are payable in full with the order, unless otherwise stipulated.
No delivery can be made before receipt of the sums due.
Similarly, the defaulting buyer will be liable for a fixed indemnity equivalent to the amount of the installments remaining to run.
The buyer can pay for his order by Paypal or credit card via the secure server. Regarding payments by credit card, due to the use of the secure server, no bank information of the buyer will be known to feliformia.fr.
The buyer can also pay by bank transfer, in this case, the buyer will receive the company's bank details by email, once the order has been placed.
He will have 72 hours to make the transfer, indicating the order number.
Article 4: Delivery
Your products are delivered to the delivery address indicated during your order, the delivery address may be different from your billing address.
As soon as the follow-up indicates a status as "distributed" or "delivered" (on deliveries whose delivery is made without signature), no action can then be considered; the customer cannot claim any reimbursement or compensation. Feliformia.fr undertakes to take steps with the carrier as long as this status is not validated (complaints, reshipments, etc.).
Feliformia.fr undertakes in the event of damaged delivery to replace the defective product(s) upon presentation of a photo of the packaging as well as clearly identifiable products (a return may also be requested).
In the event of international sales, feliformia.fr cannot be held responsible for a blockage by customs in the country of destination. No compensation can be requested from the sender in the event of seizure or blocking. However, we will help you to provide you with as many elements as possible to try to regularize the situation.
In the event of non-receipt of the package for reasons related to the recipient (incomplete delivery address, non-recovery of the package from the Post Office during the 15-day period or missing mention on the mailbox, etc.), the package will only be reshipped by our services only after payment of the new transport costs (price identical to the first shipment).
Delivery times (48 hours or other) are only given as an indication by the Post Office. Consequently, in the event of non-compliance with these deadlines by post, the buyer will in no case be entitled to claim payment of damages from the seller, nor to make any deduction or cancel the orders. In progress.
Article 5: Right of withdrawal
Pursuant to Article L. 211-18 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the products ordered.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece.
However, under Article L. 211-28 of the Consumer Code:
“The right of withdrawal cannot be exercised for contracts:
Goods made to consumer specifications or clearly personalized
Goods likely to deteriorate or expire rapidly
Goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
Goods which, after being delivered and by their nature, are inseparably mixed with other articles”
To exercise his right of withdrawal, the Customer must, within the period indicated above, send Feliformia a registered letter with acknowledgment of receipt specifying his wish to use this right or return the standard form for exercising the right of withdrawal (in Appendix 1 of these conditions) to the address mentioned herein. He must also return a copy of the invoice corresponding to the returned products.
The Customer must return the products, at his own expense, to the address mentioned herein, within fourteen (14) days of the communication of his decision to withdraw, in their original packaging, unused and in perfect condition. condition, without any trace or mark, with labels, all accessories and any gifts offered.
In this respect, the Customer is reminded that, in accordance with the provisions of Article L. 221-23 of the Consumer Code, his liability may be engaged in the event of depreciation of the products resulting from manipulations other than those necessary to establish the nature , the characteristics and the proper functioning of these products.
Feliformia will be entitled to apply a discount in the event of handling of the products other than that strictly necessary to establish their nature, their characteristics and their proper functioning.
In the event of withdrawal relating to several products and if the Customer does not return all of the products,
Feliformia will deduct from the amount to be reimbursed, the price of the missing products.
Feliformia undertakes to reimburse the Customer within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. Nevertheless, Feliformia is entitled to defer this reimbursement until effective recovery of the goods or until the Customer has provided proof of the shipment of these goods, the date chosen being that of the first of these facts.
Feliformia makes this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the reimbursement does not incur any costs. to the customer.
Model withdrawal form
To the attention of Feliformia, 19 rue Picasso - 93370 Montfermeil, 01 86 86 02 59 contact@feliformia.fr
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
Date :
(*) Strike out the useless mention.
Article 6: Guarantee
Pursuant to Articles 1641 and following of the Civil Code, you benefit from the legal guarantee against hidden defects and lack of conformity.
Legal provisions to reproduce
When acting as a legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act; he can choose between repairing or replacing the good, subject to the cost conditions provided for in article L.217-9 of the Consumer Code; except for second-hand goods, it is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good, period extended to 24 months from March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound by any guarantee; in the event of an implementation of this guarantee, the buyer has the choice between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arises in accordance with article 2232 of the Civil Code.
All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;
Legal guarantee of conformity
According to Articles L.217-4 et seq. of the Consumer Code, the Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to respond to any lack of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect were to exist on the day of taking possession of the Product. However, when the defect appeared within 24 months following this date (or within 6 months if the order was placed before March 18, 2016 or the Product is sold second-hand), it is presumed to fulfill this condition. But, in accordance with article L.217-7 of the Consumer Code, "the Seller may combat this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity".
On the other hand, after this period of 24 months (or 6 months if the order was placed before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
In accordance with article L.217-9 of the Consumer Code: “in the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer”.
Legal warranty against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore did not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unsuitable for the use for which it is intended, or reduce this use to such an extent that the buyer would not have purchased the Product or would not have bought it at such a price if he had known about the defect).
Article 7: Order
Before confirming his acceptance of the offer, the consumer checks:
the details of his order (product concerned, possible price reduction, method of payment, method of delivery)
the total price including VAT
personal information (name, delivery address, etc.)
and correct any errors.
In order to avoid the buyer having to repeat the same order several times in doubt of its correct registration, we send the buyer an acknowledgment of receipt of his order electronically, as soon as possible. This formality gives the buyer the certainty that his intention to contract has been taken into account.
Article 8: Liability
The consumer is expressly informed that feliformia.fr is not the manufacturer of the products. Consequently, in the event of damage caused to a person or property by default of the product, only the responsibility of the manufacturer of the latter may be sought by the consumer.
The seller, in the online sales process, is bound only by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
The products offered comply with the French legislation in force and the standards applicable in France. The responsibility of feliformia.fr can not be engaged in case of non-compliance with the legislation of the country where the product is delivered (for example in the event of a ban on a product, etc.). It is up to you to check with the local authorities the possibilities of importing or using the products or services that you plan to order.
Photos are for illustrative purposes. We invite you to refer to the description of each product to find out its precise characteristics; and in case of doubt or if you wish additional information do not hesitate to contact us.
Feliformia.fr is only responsible for the content of the pages it publishes.
In the event of an obvious error between the characteristics of the product and its representation and/or the conditions of sale, feliformia.fr cannot be held liable.
Our commercial warranties apply for a fixed period from the date of purchase and are not renewable.
Defective products can only be taken back with the serial number on the packaging box.
Any item purchased via a purchase voucher or a reduction voucher can only be refunded in the same form.
The return will give rise, depending on the case, to a replacement of the products or to a reimbursement of the Customer, after qualitative and quantitative verification of the returned products. The costs and risks of sending and returning will be borne by the Customer if non-compliance is not proven.
Of course, for any questions about the products, you can contact our customer service
tel: 01 86 86 02 59
Article 9: Applicable Law
The Parties agree that these conditions and their consequences are subject to French law. The language hereof and of relations between the Parties is French.
Nevertheless, with regard to deliveries outside France, it is specified to the Customer that French law applies subject to the mandatory provisions of the law of the country in which he has his habitual residence.
Article 10: Settlement of disputes
In accordance with Article L. 612-1 of the Consumer Code, you can use the mediation service free of charge:
Online Dispute Resolution Platform
In accordance with article 14 of Regulation (EU) n°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 professionals of the 'European Union.
This platform is accessible at the following link: https://ec.europa.eu/consumers/odr
Article 11: Mandatory information for consumer customers
Pursuant to Article L. 211-15 of the Consumer Code, articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code are reproduced below, as well as the article 1641 and the first paragraph of article 1648 of the Civil Code, provisions of which the Customer expressly acknowledges having read prior to his order.
Article L. 211-4 of the Consumer Code
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 211-5 of the Consumer Code
To be in conformity with the contract, the good must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L. 211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-12 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period.
This short period from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.
Article 1648 of the Civil Code paragraph 1
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Article 12: Personal data
In accordance with the law relating to data processing, files and freedoms of January 6, 1978, information of a nominative nature relating to buyers may be subject to automated processing. Feliformia.fr reserves the right to collect information on buyers, including by using cookies, and, if it wishes, to transmit the information collected to business partners.
Buyers may object to the disclosure of their details by notifying ecigplanete.com. Similarly, users have a right to access and rectify data concerning them, in accordance with the law of January 6, 1978.
The automated processing of information, including the management of the e-mail addresses of users of the site has been declared to the CNIL.