ARTICLE 1: GENERAL STIPULATIONS

The present terms and conditions constitute a distance selling contract, defining the rights and obligations of Alexandre Perrin and the Customer in the context of the sale of products listed on the www.acheter-meteorites.com website .

They only concern purchases made by purchasers in France and delivered exclusively on French territory, as the regulations applicable to distance selling to consumers domiciled in foreign countries may differ from the present conditions. Consequently, for all deliveries outside France, the present terms and conditions will only apply to those stipulations that are not contrary to the regulations of the country concerned.

The present conditions are concluded between Alexandre Perrin, hereinafter referred to as “Alexandre Perrin”, and any person wishing to make a purchase, hereinafter referred to as the “Customer”, via the Internet site www.acheter-meteorites.com, hereinafter referred to as the “Site”.

Customers are consumers, defined as natural persons acting for private purposes or for purposes that do not fall within the scope of a commercial, industrial, artisanal or liberal activity, wishing to make a purchase on the Site.

The fact that one of the parties does not avail itself at a given time of one of the present conditions may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date. The invalidity of any clause of these terms and conditions shall not affect the validity of the terms and conditions as a whole.

Validation of an order by the customer implies acceptance of the present conditions.

The present terms and conditions of sale may be modified at any time and without prior notice by Alexandre Perrin, the modifications then being applicable to all orders subsequent to this modification. Alexandre Perrin may have to modify certain provisions of its general terms and conditions of sale from time to time, and the Customer is therefore advised to reread them before validating each order.

For any question or complaint relating to the products, the order, personal data, the right of withdrawal, the place of waste recovery or the application of the product guarantee, the Customer may contact Alexandre Perrin at the following address:

By post: Alexandre Perrin, 20 rue Xavier Bichat, 77340 PONTAULT-COMBAULT

By phone: +33 6 81 21 13 76

ARTICLE 2: THE SITE – PRODUCTS – AVAILABILITY

The entire content of the Site (illustrations, texts, labels, trademarks, images, videos) is the property of Alexandre Perrin. Any reproduction, in whole or in part, of this site is forbidden without the express prior authorization of Alexandre Perrin. Alexandre Perrin does not authorize the creation of hypertext links without its express prior consent.

The products offered for sale by Alexandre Perrin are presented and detailed in such a way that all consumers are able to know the essential characteristics of the products they wish to purchase, in particular by means of technical descriptions from its partners and suppliers and photographs illustrating the products.

Consequently, Alexandre Perrin cannot be held responsible for any errors that do not affect the essential characteristics of the product.

The photographs, illustrations and texts appearing on the Site are not contractual.

The products are new. They are offered for sale within the limits of available stocks and supply possibilities from Alexandre Perrin suppliers.

Product availability will be definitively confirmed when the order is dispatched, which will be sent to the Customer by e-mail.

In the event that one of the products ordered is not available at the time the Customer’s order is being prepared, the company undertakes to contact the Customer by e-mail as soon as possible after the date of the order in order to inform the Customer of the delivery times for this product, it being understood that the Customer has the right to cancel the order.

If a product is unavailable, the Customer will be offered an exchange with another product of equivalent quality, characteristics and price. Failing this, i.e. if the Customer cancels the order for the product concerned, the unavailable product will be reimbursed no later than fifteen (15) days following receipt of the sums paid by the Customer. Refunds will be made by crediting the Customer’s bank account or by cheque. Cancellation of the product order and its reimbursement will not affect the remainder of the order, which will remain firm and definitive.

The electronic vaping devices sold by Alexandre Perrin are defined as electrical and electronic equipment within the meaning of articles R. 543-172 et seq. of the French Environmental Code.

ARTICLE 3: ORDERS

On entering the Site, the Customer declares that he/she has the capacity to enter into the present contract, i.e. that he/she is of legal age and not under guardianship or curatorship.

The Customer shall place an order in accordance with the instructions given on the Site. He/she undertakes to fill in his/her registration and order form in such a way as to ensure that the necessary information is complete and accurate. In any event, the Customer is responsible for the information entered on the registration form and when placing an order. In the event of an error, Alexandre Perrin cannot be held responsible for shortcomings or delays in the delivery of products and services (incorrect address, name, etc.).

The steps involved in completing a sale on the Site are as follows:

The customer selects his products

The customer chooses the quantity of products and then clicks on the “I buy” tab.

The customer then clicks on the “My basket” tab and confirms the order by clicking on the “Confirm order” tab.

If the Customer is registered, he/she identifies himself/herself by entering his/her login and password.

if not yet registered, create an account

The customer chooses a delivery address and a billing address.

The customer chooses the method of transport and takes note of the possible cost of transport. He/she accepts the present terms and conditions of sale and acknowledges that he/she is of legal age and authorized by the laws of his/her country to purchase products containing nicotine.

The customer clicks on the “next” tab

The customer chooses the method of payment, pays and confirms the order by clicking on the “back to site” tab.

Receipt of the order by Alexandre Perrin together with payment formalizes the distance selling contract concluded with Alexandre Perrin in a firm and definitive manner. Once the order has been validated, the Customer can print a summary of his order, which he will receive by e-mail, together with the form for exercising his right of withdrawal. This document must be kept, as it constitutes proof of the Customer’s order and of the contract binding the parties.

In any case, Alexandre Perrin reserves the right not to satisfy any request from the Customer that is exorbitant or derogatory to common law and its general conditions, or when the Customer is not up to date with his or her obligations towards Alexandre Perrin.

Orders placed on the Site are automatically cancelled if payment is not received within fifteen (15) clear days.

ARTICLE 4: PRICES AND PAYMENT

The sale prices of the products mentioned on the Site are indicated in euros, all taxes included, excluding transport costs.

In any case, their amount is indicated at the end of the online order, before it is validated. The price invoiced to the Customer is the price specified on the order confirmation, which includes the price of the products, including VAT, plus the cost of transport, if applicable.

Charges are determined according to the type of transport, the value of the order and the destination.

Alexandre Perrin reserves the right to modify its sales prices at any time. However, no modification made after the order has been placed may be applied. The price applicable to the products ordered is that shown on the Site on the day the order is placed.

Orders are payable in euros, in full and in cash. At no time can the sums paid be considered as deposits or advance payments.

Payment is by Paypal / Paypal bank transfer.

The amount of the order will be debited at the time of order confirmation.

As soon as payment has been confirmed, the Customer receives confirmation of the order by e-mail, together with the invoice.

Alexandre Perrin retains full ownership of the products sold until full payment of all sums due in connection with the Customer’s order.

ARTICLE 5: DELIVERY – RECEIPT – USE OF PRODUCTS

Deliveries are made in France, Germany, Austria, Belgium, Spain, Italy, Luxembourg, the Netherlands, Portugal and the United Kingdom. Outside this geographical area, deliveries may be made on an exceptional basis, subject to express acceptance by Alexandre Perrin.

Delivery is made to the address given by the Customer when the order is placed.

Delivery is deemed to have been made by Alexandre Perrin when the products ordered are handed over to the Customer by the carrier. The risks of the products are then immediately transferred to the Customer.

Transport will be carried out by an independent company. The Customer undertakes to sign the delivery note for the products. If the Customer is absent at the time of delivery, he/she has a period of 15 working days to collect the parcel from the carrier or agent chosen by the Customer, from the date of the delivery notice. In any event, the Customer will be informed as soon as possible of the availability of the products.

Any parcel returned to Alexandre Perrin because of an erroneous or incomplete delivery address, or because the Customer has not collected it from the carrier or custodian within the period indicated in the preceding paragraph, will be reshipped at the Customer’s expense.

Deliveries are made, insofar as possible, according to the indicative times indicated on the Site, depending on the delivery method chosen, from the time the e-mail confirming delivery of the order is sent. In the event of a foreseeable delay in delivery, Alexandre Perrin will inform the Customer as soon as possible by e-mail and will provide an estimate of the additional delivery time.

In any event, Alexandre Perrin undertakes to deliver to the Consumer Customer within a maximum of 30 days from confirmation of the order or from receipt of the sums due in the case of payment by cheque.

If this deadline is exceeded, and except in the case of force majeure, the Consumer Customer may cancel the contract by registered letter with acknowledgement of receipt or in writing on any other durable medium, if, after having requested Alexandre Perrin to make the delivery, the latter has not done so within the deadline.

The contract is considered terminated upon receipt by Alexandre Perrin of the letter or writing informing it of such termination, unless Alexandre Perrin has performed in the meantime.

It is the Customer’s responsibility to check the condition of the packaging, the products and the number of products on receipt. This verification is considered to have been carried out once the Customer, or a person authorized by the Customer, has signed the delivery note.

It is the Customer’s responsibility to make clear and precise reservations on the carrier’s delivery note in the event of dispute, deterioration of the product during transport, damage, shortage or delay. The Customer must confirm these reservations to the carrier by registered letter with acknowledgement of receipt, stating the reasons, within three (3) days, not including public holidays, following receipt of the products.

Without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or non-conformity of the products delivered must be made to Alexandre Perrin in writing as soon as possible after the date of delivery or availability of the product. It is the Customer’s responsibility to provide any justification as to the reality of the defects or anomalies observed, in particular by sending Alexandre Perrin :

a photocopy of the letter of reservation sent to the carrier;

and a photocopy of the delivery note mentioning the reservations.

Any claim formulated late could potentially prevent the claim from being taken into account.

It is expressly agreed that statements such as “subject to unpacking inspection” do not constitute a reservation within the meaning of this article.

In any case, Alexandre Perrin cannot be held responsible for any delay or failure to deliver due to force majeure or the fault of the Customer.

In any event, the use of the products is the sole responsibility of the Customer. Under these conditions, the Customer is obliged to maintain the product in good condition and to use it in accordance with its intended purpose, in particular by respecting the applicable provisions and the instructions given by Alexandre Perrin or by Alexandre Perrin’s suppliers. In this respect, the Customer is advised not to make any modifications to the product, install accessories, ancillary parts or any other non-conforming devices on the product. Alexandre Perrin cannot under any circumstances be held responsible for defects or deterioration of the products delivered resulting from abnormal or non-conforming use subsequent to the delivery of these products.

ARTICLE 6: LEGAL GUARANTEES

Alexandre Perrin, whose head office is located at 20 rue Xavier Bichat 77340 PONTAULT COMBAULT, registered at the Melun Registry Office under the number 841555298700015, is the guarantor of the conformity of the goods with the contract, enabling the consumer to make a claim under the legal guarantee of conformity provided for in Articles L. 211-4 et seq. of the French Consumer Code, or the guarantee of defects in the item sold as defined in Articles 1641 et seq. of the French Civil Code.

The seller is liable for any lack of conformity of the goods with the contract in accordance with article L. 211-4 et seq. of the French Consumer Code, and for any hidden defects in the goods sold in accordance with article 1641 et seq. of the French Civil Code.

ARTICLE 7: RETURNS, LIABILITY AND GUARANTEES

All product returns must be expressly approved by Alexandre Perrin. Products must be returned in perfect condition and in their original packaging with all accessories (including instructions).

The return will give rise, depending on the case, to a replacement of the products or a refund to the Customer, after qualitative and quantitative verification of the returned products. The costs and risks of shipment and return will be borne by the Customer if the non-conformity is not proven.

When Alexandre Perrin’s liability is incurred as a result of a fault on its part, compensation applies only to direct, personal and certain damage suffered by the Customer. The amount of damages that Alexandre Perrin may be required to pay to the Customer under the aforementioned conditions is in any case limited to the total amount of the order for the products concerned.

In any event, Alexandre Perrin declines all responsibility, in particular with regard to the choice of products by the Customer or due to damage resulting from modifications that may have been made to the products or resulting from a failure to follow the recommendations for use of the products.

Alexandre Perrin shall not be held liable for any temporary or permanent damage to the Customer’s computer system, nor for any loss or damage suffered as a result of accessing or browsing the Site. The transmission of data via the Internet may result in errors and/or the Site not always being available. Consequently, Alexandre Perrin cannot be held responsible for the availability or interruption of the on-line service.

Any item purchased with a voucher will only be reimbursed in the same form.

ARTICLE 8: FORCE MAJEURE

In the event of a case of force majeure preventing Alexandre Perrin from fulfilling its obligations, the contract will be immediately suspended, upon notification by one of the parties given by any means. In the same way, the party concerned will inform the other party of the cessation of this event and performance of the contract will then resume immediately on the date of this notification. Force majeure is defined as any event which makes it either impossible or manifestly more difficult to perform an obligation due to its unforeseeable, irresistible or external nature (these three criteria being alternative), such as war, riots, fire, flooding, total or partial strikes, paralysis of road or other transport routes, disruption of energy supplies (EDF, GDF, oil, etc.), blockages of telecommunications and telecommunications networks, etc., or any other event which makes it impossible or manifestly more difficult to perform an obligation due to its unforeseeable, irresistible or external nature (these three criteria being alternative).), blockages of telecommunications and computer networks, changes in regulations, delays or failures in the intervention of external partners such as suppliers or subcontractors… as well as any other event considered by law or jurisprudence as a case of force majeure.

If such an event continues for more than fifteen (15) days after the notification date, the contract will be considered terminated automatically. Any sums received by Alexandre Perrin prior to this date will then be reimbursed to the Customer.

ARTICLE 9: CUSTOMER OBLIGATIONS

The Customer undertakes to provide Alexandre Perrin with all the information necessary for the proper execution of orders. In this respect, the Customer remains responsible for the content and accuracy of the information he/she transmits to Alexandre Perrin, in particular that relating to his/her majority.

The Customer is solely responsible for the use of the products. Under these conditions, the Customer is obliged to maintain the product in good condition and to use it in accordance with its intended purpose, in particular by complying with the instructions given by Alexandre Perrin or the suppliers.

ARTICLE 10: RIGHT OF WITHDRAWAL

In application of article L. 121-21 of the French 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 for several goods delivered separately, or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the time limit runs from receipt of the last good, batch or part.

However, in accordance with article L. 121-21-8 of the French Consumer Code :

“The right of withdrawal cannot be exercised for contracts :

4° Supply of goods liable to deteriorate or expire rapidly;

5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;”.

To exercise his/her right of withdrawal, the Customer must, within the period indicated above, send Alexandre Perrin a registered letter with acknowledgement of receipt specifying his/her wish to make use of this right, or return the standard form for exercising the right of withdrawal to the address mentioned herein.

The Customer must return the products, 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, without any trace or mark, with the labels, all accessories and any gifts that may have been offered.

The product must be returned with a copy of the invoice and the “withdrawal form” duly completed. Only the cost of returning the products will be charged to the Customer. If all the conditions required for the return of products are not respected, Alexandre Perrin may deduct from the sums to be reimbursed, if applicable, a proportion of the sale price corresponding to the sale price of the missing products.

Alexandre Perrin undertakes to reimburse the Consumer Customer within fourteen (14) days of receipt of the registered letter stating the Customer’s wish to withdraw or of the standard form. Nevertheless, Alexandre Perrin is entitled to defer this reimbursement until the goods have been recovered or until the Consumer Customer has provided proof of shipment of the goods, whichever comes first.

Alexandre Perrin makes this refund using the same means of payment as that used by the Consumer Customer for the initial transaction, unless the Consumer Customer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the Consumer Customer.

ARTICLE 11: RETENTION OF TITLE

The products sold by Alexandre Perrin to its Customers remain its property until full payment of the price in principal, costs, interest and accessories by the Customer. However, the risks are transferred upon receipt of the products by the Customer.

In the event of non-payment, Alexandre Perrin, without losing any of its other rights, may demand by registered letter with acknowledgement of receipt the return of the products at the Customer’s expense and risk. The Customer will also bear any legal and judicial costs.

ARTICLE 12: INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

Alexandre Perrin collects, records, changes, uses and transmits the personal data of Customers within the framework of the execution of orders placed, Customer relations, Customer advice and services as well as for the preservation of Alexandre Perrin’s commercial interests, in particular for the purposes of preserving evidence. Insofar as it is necessary for the execution of Alexandre Perrin’s obligations, Alexandre Perrin transmits personal information to third parties, for example the carrier.

The Customer has the right to access, modify, rectify and delete data concerning him/her in accordance with the French law “Informatique et Libertés” N°78-17 of January 6, 1978. To exercise this right, he/she simply needs to contact Alexandre Perrin using the contact details mentioned herein.

The customer may in any case object to the use of his personal data. The use of personal information for other purposes will only be possible with the customer’s consent.

ARTICLE 13: APPLICABLE LAW

The Parties agree that the present conditions and their consequences are subject to French law. The language of the present conditions and of the relations between the Parties is French.

ARTICLE 14: SETTLEMENT OF DISPUTES

The consumer customer declares that he/she has been previously informed by Alexandre Perrin of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method.

Consumer customers may submit any dispute with our company to a consumer mediator. Pending his appointment, Alexandre Perrin refers to the following link: http://www.economie.gouv.fr/mediation-conso/des-mediateurs-pour-chaque-litige.

If the mediation procedure for consumer disputes fails, or if the consumer customer does not wish to use this procedure, the parties will be free to bring the dispute before the competent courts.

ARTICLE 15: MANDATORY INFORMATION FOR CONSUMER CUSTOMERS

Pursuant to article L. 211-15 of the French Consumer Code, articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code, as well as article 1641 and the first paragraph of article 1648 of the French Civil Code, are reproduced below, provisions of which the Customer expressly acknowledges having read prior to ordering.

Article L. 211-4 of the French Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.

Article L. 211-5 of the French Consumer Code

To conform to the contract, the good must :

1° Be fit for the use ordinarily expected of similar goods and, where applicable :

– correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;

– have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.

Article L. 211-12 of the French Consumer Code

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 of the French Civil Code, paragraph 1

The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.