General Terms and Conditions of Sale

FOR PROFESSIONAL CLIENTS SPECIALIZING IN VAPING PRODUCT DISTRIBUTION - ASTRALE FUTURE DISTRIBUTION

ARTICLE 1 – PREAMBLE:

These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") are concluded between the company ASTRALE FUTURE DISTRIBUTION, a simplified joint-stock company with a capital of €1,000, registered with the RCS of Créteil under number 927 777 821, having its registered office at 44 rue du Général de Gaulle, 94430, Chennevières-sur-Marne (hereinafter referred to as "AFD"), and any professional client wishing to make a purchase (hereinafter referred to as the "Customer") via the website https://afd-vape.com/fr/ (hereinafter referred to as the "Site").

The GTC constitute a distance selling contract defining the rights and obligations of the Parties within the framework of the sale of products listed on the Site (hereinafter referred to as the "Products").

ARTICLE 2 - OBJECT:

AFD offers for sale vaping products (electronic cigarettes, e-liquids, accessories, etc.) intended exclusively for professionals involved in the commercialization of these products.

The purpose of these GTC is to define the respective rights and obligations of the Parties when selling Products on the Site.

ARTICLE 3 - PRODUCTS:

AFD takes care to publish accurate information on the essential characteristics of the Products, including through technical descriptions and photographs. However, AFD declines all responsibility in case of modifications or errors in these descriptions. The images, illustrations and texts of the Site are non-contractual.

The Products are sold subject to stock availability as well as the manufacturing and supply capacities of the Company's suppliers.

The availability of the Products is indicated at the time of their selection, subject to possible synchronization errors of the Company's computer system. In any case, the availability of the Products will only be definitively confirmed at the time of sending the shipping confirmation of the order to the Customer. In case of stock error, the Customer will be informed by email and will receive a discount code equivalent to the amount of the missing Products.

ARTICLE 4 - ACCOUNT CREATION:

To place an order, the Customer must create an account on the Site by filling out the registration form. This account allows you to place orders, track their status, manage invoices and returns, as well as receive communications and promotional offers from the Company, subject to the Customer's agreement.

Creating an account on the Site implies acceptance of these GTC and the Customer's commitment to provide accurate, complete and up-to-date information. Any inaccuracy, omission, or false information could result in the suspension or deletion of the account, at the discretion of the Company.

AFD reserves the right to suspend or delete an account in the following situations:

  • Non-compliance with the GTC: In case of violation of these GTC, particularly regarding payment obligations, abusive use of services, or any other violation of the rules established by AFD.
  • Fraudulent or abusive behavior: If AFD detects suspicious or fraudulent activities related to an account, such as attempted fraud, suspicious orders, or the use of unauthorized payment methods.
  • Communication of false or misleading information: In case of providing false, incomplete or misleading data when creating the account or subsequently.
  • Prolonged inactivity: AFD reserves the right to deactivate accounts that have been inactive for a period of twelve (12) consecutive months, after informing the Customer by email, with the possibility of reactivation upon request.
  • Non-compliance with regulations: If the Customer does not comply with the regulations in force, particularly those relating to the commercialization of vaping products in the country of destination.

The suspension or deletion of an account does not engage the responsibility of AFD towards the Customer and does not entitle to any compensation. In case of deletion for non-compliance with the GTC, all ongoing orders will be canceled, and AFD reserves the right to keep or cancel the benefits or discounts previously granted to the Customer.

Finally, the Customer can request the deletion of their account at any time by contacting AFD's customer service at the following address: contact@afd-vape.com. Deleting the account will result in the loss of access to order history, invoices, and other account-related information.

ARTICLE 5 - ORDER:

AFD processes orders from France, the European Union and the rest of the world, except if the country of delivery is subject to restrictions preventing delivery.

The Customer can place an order on the Site by selecting the desired products and adding them to their basket. Once the selection is complete, the Customer must validate their order and proceed to payment for it to be confirmed. Validating the order implies acceptance of these GTC, as well as the prices and descriptions of the products available for sale.

Precision on stock errors:

Despite AFD's efforts to maintain an up-to-date stock, it is possible that certain products displayed as available on the Site are actually out of stock at the time of the order. In case of stock error, AFD undertakes to inform the Customer as soon as possible by email.

The Customer will then have the option to choose between the following options:

  • Refund: The Customer may opt for a refund of the amount paid for the unavailable product, which will be made by the same payment method used during the order, within fourteen (14) days.
  • Discount code: At the Customer's request, AFD can offer a discount code of an equivalent value to the amount of the unavailable product. This code can be used for a future order.

For international orders, specific processing times may apply depending on the country of destination, product availability, and local customs requirements. AFD will endeavor to process and ship orders as quickly as possible, but cannot be held responsible for delays attributable to customs procedures or other formalities specific to each country.

The Customer is responsible for informing themselves of the restrictions, import taxes, and customs duties applicable in their country before placing an order. These fees, if any, are the exclusive responsibility of the Customer and cannot be claimed from the Company.

AFD is not responsible for the refusal of entry of products into certain countries due to local regulations or the prohibition of certain items. In case of return of products for these reasons, the return costs, re-delivery or any possible loss will be at the Customer's expense.

The Customer must provide AFD with all the information necessary for the execution of the order and report without delay any change in regulations concerning vaping products. It is their responsibility to check the import and commercialization conditions of the Products in the country of destination, as AFD is not responsible in case of non-compliance. AFD may cancel or refuse an order without compensation if: the payment is not made on time, the Customer does not comply with their obligations, the order is deemed abnormal (e.g. excessive quantities), the Products are not available, or in case of external obstacles.

ARTICLE 6 - PRICE:

The Products are billed according to the rates in effect on the Site on the day of the order.

AFD reserves the right to revise its tariffs periodically.

The tariffs may vary depending on the status granted to the Customer, which is determined according to criteria defined by the Company, which reserves the right to modify them at its discretion. If the Customer no longer meets these criteria, their status may be adjusted accordingly. The discounts granted by AFD are only applicable if the Customer complies with their obligations and if there is no dispute between the Parties.

Before the final validation of the order, the Customer is informed of the price of each Product and the total amount of their order. The prices are net, ex-AFD warehouse, excluding transport, in euros (€) and without any deduction. All ancillary costs (insurance, transit, import, authorizations, certifications, etc.) as well as taxes, duties, customs duties and other levies are at the Customer's expense, who will have to reimburse AFD upon presentation of supporting documents if it has assumed the payment.

ARTICLE 7 - PAYMENT METHODS:

Payment is made in cash at the time of the order by credit card, SEPA direct debit, or bank transfer. Payments must be made in euros.

In case of payment by bank transfer, the Customer must indicate their order number in the "Reason for your transfer" section. The transfer must be made to the account with the following details:

  • Account holder: SARL ASTRALE FUTURE DISTRIBUTION
  • IBAN: FR76 3006 6100 1300 0204 1120 295
  • BIC: CMCIFRPP

The order will be shipped once the full payment is received by the Company.

Payments due to AFD cannot be suspended, reduced or offset without the prior written consent of the Company. Any payment received by AFD will first be allocated to the oldest debts due, regardless of their nature.

In case of non-payment of an invoice on its due date, and this, without prior notice, and in accordance with law n°2008-776 of August 4, 2008, late interest equivalent to three times the legal interest rate will be applied, as well as a fixed penalty of €40 for recovery costs, according to decree n°2012-1115 of October 2, 2012. AFD reserves the right to claim additional compensation if the recovery costs exceed this amount, upon presentation of supporting documents.

ARTICLE 8 - RESERVATION OF OWNERSHIP:

All products sold by AFD remain its property until full payment of the price, including fees, interest and accessories (law of 12/05/1980 N°80335). Payment is considered made when the amount is cashed and recorded in AFD's accounts.

In case of non-payment, AFD can demand the return of the products by registered letter, at the expense, risk and peril of the Customer, who will also have to cover the legal and judicial costs. The products in stock at the Customer's premises will be presumed unpaid. In case of resale of the products, the Customer must transfer to AFD the price paid by the buyers, up to the amount remaining due.

The Customer must prevent any third-party claim on the products, particularly by seizure, and inform AFD immediately. In addition, the products concerned must be registered as a reservation of ownership in the Customer's balance sheet to protect the rights of AFD in case of transfer, pledge, seizure or collective procedure.

ARTICLE 9 - TRANSFER OF RISK:

From the time of shipment of the order, the risks related to the Products are transferred to the Customer, whether the transport is carried out by a third-party carrier or directly by the Company.

The Products travel at the Customer's risk, who must, in case of damage or missing Product, carry out all necessary observations and confirm their motivated reservations by extrajudicial act or by registered letter with acknowledgment of receipt to the carrier within three (3) calendar days following receipt of the Products (excluding public holidays).

If the transport was carried out by a third party, the Customer must also send a copy of their claim to AFD within the same deadlines and forms, for information purposes. The Customer must insure these risks with a solvent insurance company.

ARTICLE 10 - DELIVERY:

The products are delivered to the address indicated by the buyer when placing the order. The delivery address may be different from the billing address.

The shipping costs are at the Customer's expense, unless otherwise specified. Delivery times are indicative and subject to stock availability.  

In case of non-receipt of the package due to reasons related to the recipient (incorrect or incomplete delivery address, non-recovery of the package from the carrier, missing mention on the mailbox...), the package will be reshipped by AFD at the Customer's expense and only after full payment of these reshipment transport costs.  

In case of sale outside France, AFD cannot be held responsible for a blockage by customs or another control agency in the country of destination. No compensation can be claimed from AFD by the Customer in case of seizure or blockage.

AFD cannot be held responsible in case of non-compliance with the legislation of the country to which a product is delivered. Thus, it is up to the Customer to check if the legislation of the state in which they wish to be delivered authorizes the purchase of the products sold by AFD. The buyer takes full responsibility for the legislation of their country and the country of delivery. AFD is not held to any responsibility or commitment towards the country of billing and delivery.

Shipments are made as quickly as possible, from the time of payment of the order, and in the order of arrival of payments. AFD Europe does everything possible to ship orders, according to the time displayed on the Site and is only bound by an obligation of means; its responsibility cannot be engaged for damage resulting from a delay in shipment.

 

ARTICLE 11 - GUARANTEES AND CLAIMS:

Upon delivery of the Products, the Customer must immediately proceed to a verification of the condition of the packaging, the number of packages received and the conformity of the products with the order. This verification is considered complete as soon as the Customer or a person authorized by the Customer has signed the delivery note. Signing the delivery note without reservation implies definitive acceptance of the Products delivered. In case of damage to the product during transport, damage, missing items or delays, it is imperative that the Customer follow the following steps to register a claim:

  • Immediate Inspection:
    • Packaging: Visually check the condition of the packaging upon receipt of the parcel. Note any tears, crushing or apparent damage to the packaging.
    • Quantity and Conformity: Compare the items received with the list of products indicated on the delivery note. Make sure all ordered products are present and in good condition.
  • Registration of Claims:
    • Reservations on the Delivery Note: In case of damage or missing products, clearly write your reservations on the delivery note. These reservations must be specific, detailed and motivated.
    • Photographic Evidence: Take photos of the damaged packaging, the products concerned and any other relevant element to document the damage. The photos must be clear and clearly visible.
    • Reporting to AFD: Immediately send an email to AFD at the address contact@afd-vape.com, including the photos and a detailed description of the damage or anomalies observed, as well as the order number and the references of the affected products.
  • Claim Deadlines:
    • Apparent Defects and Non-Conformities: Any claim concerning apparent defects or non-conformities must be notified on the delivery note and to AFD within three (3) days following receipt of the products.
    • Hidden Defects: Hidden defects must be reported in writing within a maximum of three (3) days after their discovery, and at the latest three (3) months after the sale to the final Customer for products such as electronic cigarettes, atomizers and batteries.
  • Product Preservation:
    • Retention of Products: Keep the damaged or non-conforming products as well as their original packaging until AFD has had the opportunity to examine the evidence provided. The products must be kept as is to allow for a possible examination or return.
    • Examination by AFD: AFD reserves the right to request the return of the products concerned for verification. If AFD acknowledges the defect or anomaly, the non-conforming products will be, at the Company's choice, either replaced, repaired, or refunded in the form of a credit.
  • Responsibility for Return Costs:
    • Confirmation of Non-Conformity: The costs and risks of return will be at the Customer's expense if the non-conformity or anomaly is not confirmed by AFD. Only fully paid products can benefit from the after-sales service (SAV) procedure.

Defects due to unauthorized interventions by the Customer or third parties are excluded from the Company's responsibility.

 

ARTICLE 12 - PRECAUTIONS FOR USE:

The Products sold on the Site must be used with caution.

For equipment (electronic cigarettes and accessories), it is essential to carefully read the instructions provided before any use.

For e-liquids, all safety data sheets are available upon request by email at the address: contact@afd-vape.com

E-liquids may contain, among other things, propylene glycol, vegetable glycerin, nicotine and flavors.

All Products sold by AFD are intended for vaping. AFD cannot be held responsible for material, intangible or physical damage resulting from non-compliant use of the Products to their instructions for use or their safety data sheet.

ARTICLE 13 - LIABILITY:

AFD strives to ensure optimal quality of the Products, which are sold with the usual manufacturing tolerances. Any difference resulting from these tolerances cannot justify a refusal of delivery or a reduction in price.

AFD cannot be held responsible for the choice of Products made by the Customer. The Products are designed and sold for normal use, in accordance with their destination, their technical characteristics and the warranty conditions defined by the manufacturer. Any different, non-compliant, or abnormal use without prior written agreement from AFD excludes any liability on its part. In particular, AFD declines all responsibility for any damage to persons or property resulting from misuse, negligence, lack of maintenance, or inadequate storage of the Products.

The use of the Products is at the Customer's risk, who must ensure that they store and use them in accordance with the regulations in force, while respecting their legal obligations towards their own customers, particularly in terms of consumer law.

For any information on the characteristics of the Products, the Customer is invited to consult the description available on the Site, or to contact the Company's customer service.

Except as otherwise provided, AFD will not be liable under any circumstances for indirect damages, such as losses of business, customers, orders, turnover, contracts, commercial prejudice, loss of profits, damage to image, or any claim from a third party.

In all cases, and to the extent permitted by law, if AFD's liability is engaged, the total amount of compensation paid to the Customer cannot exceed the sale price of the Products concerned, regardless of the legal basis of the claim. The Parties agree that the tariffs offered by AFD take into account this limited liability clause.

AFD declines all responsibility for any potential health problems of the Customer's customers.

The relationship between the Customer and the Company, as well as the contracts for the sale of Products, are governed by French law. If the Customer resides, ships, resells or uses the Products outside of France, they are responsible for verifying their compliance with applicable legislation in that country.

AFD is not responsible in case of non-conformity of the Products to a foreign regulation. The Customer undertakes to indemnify and protect AFD from any claim or damage resulting from non-compliance related to the use or sale of the Products outside of France.

ARTICLE 14 - AFTER-SALES SERVICE PROCEDURE:

Any return of Product must first be expressly approved by AFD after receipt of the Customer's claim. Upon request, the Customer must provide AFD with all the necessary evidence and documents relating to the defects observed. To organize the return, AFD will send a label to the Customer and specify the return deadline for the Product concerned.

The Products must imperatively be returned in their original packaging, without signs of wear or damage due to inappropriate use or lack of maintenance. Returns must be made to AFD within the indicated time.

AFD will inform the Customer within seven (7) working days after receipt of the Product, if the claim falls within its guarantees. The costs and risks of return are at the Customer's expense if the non-conformity or anomaly is not confirmed. Only fully paid Products can benefit from the SAV procedure.

ARTICLE 15 - FORCE MAJEURE:

The Parties will not be considered to have failed to fulfill their obligations if they are prevented from executing them, in whole or in part, due to a case of force majeure as defined by the French Civil Code and jurisprudence. The affected Party must inform the other Party as soon as possible by registered letter with acknowledgment of receipt and justify the nature of the event constituting force majeure.

Among the cases of force majeure, we can mention, without being limited to, epidemics, pandemics, administrative decisions to close all or part of AFD's logistics warehouses and/or its suppliers (in particular for health reasons), total or partial strikes of land transport by motor, blockages of road transport routes, as well as any other event recognized as such by law or jurisprudence.

If a case of force majeure lasts for more than ninety (90) days, each Party may terminate the ongoing orders by registered letter with acknowledgment of receipt. In any case, AFD must receive full payment for deliveries and costs incurred for the execution of its obligations.

ARTICLE 16 - INSURANCE:

The Customer must take out professional liability insurance covering all activities related to the purchase of Products from the Company. They must maintain this insurance until the closure of their Customer Account and provide the Company, upon request, with a certificate detailing the guarantees, amounts and duration of validity. Any modification, suspension or termination of the insurance must be reported to AFD without delay.

ARTICLE 17 - DATA PROTECTION:

The information provided by the Customer when creating a customer account with AFD is essential for processing and delivering orders, issuing invoices and warranty contracts. In the absence of this information, the Customer's order will be canceled.

By registering on the Website, the Customer undertakes to provide accurate and truthful information. Providing incorrect information is a violation of the GTC and the conditions of use of the Site.

In accordance with law N°78-17 "Information and Liberties" and European regulations, the Customer has a permanent right of access and rectification of their personal data. They can at any time ask AFD for the information held about them and modify it if necessary.

If the Customer has accepted it during their registration, they will receive promotional emails concerning new products, special offers and deals. They can unsubscribe from these communications at any time.

AFD is the sole holder of the Customer's information and does not retain any financial data such as credit card numbers.

Cookies are used to record certain information on the Customer's hard drive. An alert message will ask for acceptance of cookies, which the Customer can choose to refuse. These cookies do not contain confidential information.

The Customer is invited to consult the privacy policy, available at any time on the Website.

ARTICLE 18 - INTELLECTUAL PROPERTY:

All elements constituting the Website, including the texts, the general architecture, the animated or non-animated images, the graphics, the sounds, as well as the software and visual elements, are the exclusive intellectual property of the Company. By virtue of the intellectual property code, any reproduction, exploitation, rebroadcast, adaptation, transformation, translation, arrangement or partial or total use of these elements, by any means whatsoever, without the express written authorization of the Company, is strictly prohibited and constitutes infringement punishable by criminal penalties. The brands distributed by AFD are registered trademarks, and any unauthorized reproduction, imitation, use, positioning, deletion or modification of these trademarks is illegal.

The use of the Website by the Customer does not confer on them any intellectual property rights over the Site and/or its content. No provision of these GTC can be interpreted as conferring on the Customer a right on the elements protected by intellectual property that AFD owns or holds exclusive exploitation rights. The photos present on the site are non-contractual.

Any link referring directly to the Website, if it is made by a Customer who has a website for personal use, must be subject to prior written authorization from the Company.

ARTICLE 19 - GOVERNING LAW AND JURISDICTION:

These GTC are governed by French law. Any dispute will be subject to the exclusive jurisdiction of the Créteil commercial court.