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- 1. Preliminary Legal
a/ Legal Notices
www.cigatec-ireland.com (henceforth "the site") is published by the company Cigatec Ireland Limited (hereinafter "the editor"), individual business specialised in the selling of electronic cigarettes (e-cig, Mods...), registered in the CRO under number 538836, its head office is in 48 Upper George's Street, Dun Laoghaire, County Dublin.
The editor can be reach by phone (00 353 1 230 0959) or by e-mail at: contact@cigatec-ireland.com
Intercommunity VAT identification number: IE 324 9013 DH
The present site is hosted by Graphipub, the registered offices of which are located in ZA de Keramperu 3, rue Lucien Vidie 29900 Concarneau and can be contacted by phone: 00 33 2 98 97 81 61.
The name of the editor of the publication and the person responsible for its publication is Gael Forlot.
b) Subject
The present site is open and free of access to all over 18 internet users. Its purpose is to sell electronic cigarettes and related accessories online.
c) Acceptance of the general terms of sale
The order on the present site implies the acceptance of the following terms of sale by the internet user. The internet user accepts that he/she has knowledge of these terms. This acceptance will consist in clicking on the box that corresponds to the sentence: «I agree to be bound by the terms and conditions applying to the site ».
Ticking this box shall be considered to have the same value as a handwritten signature.
The Internet user acknowledges that the automatic registration systems employed by the website publisher constitute documentary proof and, unless able to provide evidence to the contrary, will not contest this proof in the event of a complaint.
The acceptance of the present general terms and conditions implies that users are over the age of 18 and that they have the necessary legal ability, or else have at least the approval of a parent or tutor to do so.
2. Preamble
The composition of products is indicated in the descriptive file of each product, it is therefore the user's responsibility to be aware of side effects they might be exposed to.
The contraindications (or side effects) and risks related to the use of the products are mentioned on the site and on the product, as well as in some cases on the leaflet of the product. When subscribing to the present general terms and conditions, customers adjudicate being fully informed of all the risks, even exceptional, linked with the usage of the product, object of the sale. In case of the occurrence of an undesirable side effect not mentioned on the present site, the box or the description of the product, customers are encouraged to seek medical advice, to contact the manufacturer of the product.
The use of electronic cigarettes is not recommended for pregnant woman, or breast feeding mothers.
3. Method of order subscription and descriptive of purchase
The availability of the products is indicated on each of their individual file within the site.
In order to make a purchase, customers will have to click on one or more products and add them to their basket. When the order is completed, they will be able to access their basket by clicking on the relevant key.
When consulting their basket, users will have the opportunity to check the amount and the nature of items they picked, to check their individual price as well as the price of the whole purchase. They will also have the option of deleting one or more products from the order in the basket.
On the summary of the order will be indicated the possibility or not for the client to exercise their right of withdrawal, as well as the time limits that normally apply.
If the customer is satisfied with the order and wishes to confirm it, the user will have the option of clicking on the confirm button. They will then access a form in which they can enter their user ID for connection if they have one, or else subscribe to the site by fill up the form which is presented to them with personal information related to them.
Once connected, or after correctly submitting, the users will be asked to either control or modify their delivery or billing address, then will make their payment via a secure payment interface.
Once the payment received by the editor of the site, the latter is committed to acknowledging the receipt of the order electronically, within a reasonable time frame.
Within the same manner and time frame, the editor is committed to sending a recapitulative e-mail of the order confirming the processing, detailing all details related to the purchase, the products ordered, the delivery, and the modalities concerning their rights of withdrawal.
4. Prices
Prices on the site are understood in Euros, all taxes included, except shipping charges. These prices are subjected to changes at any time, and prices indicated are relevant on the day of purchase, but subjected to change on the long term.
Delivery charges are hypothetically indicated to the customer before any transaction. For any deliveries abroad, it will be up to the customer to contact the customer service.
5. Retention of property
Products for sale remain the property of the editor until a full payment has been completed, in accordance with the present clause of retention of property. The risks are transferred to the buyer after delivery.
6. Information on payment issues
The internet user can order on the present site, paying via PayPal.
The bank card payments are made through a secure payment mode (Paypal). In regards to bank card payment, the editor does have any access to any of the bank details used for the payment by the customer. The payment is directly made through the bank.
In event of a payment by cheque, the delivery timeframe defined in the article below only apply from the cheque cashing from the editor, the latter being able to prove it by any means.
7. Delivery
a) Time delivery
The orders are delivered by post within 30 working days (between one and 30 days) from the complete cashing of the price corresponding to the counterparty by the seller.
However, some products or volumes can justify a longer waiting time in terms of delivery. It will be specifically mentioned to the customer when confirming the order.
b) Error in delivery and apparent defect
The customer is committing to check the conformity of the product when delivered. In case of any mistake in delivery or apparent defect, a claim should be submitted within three clear days from delivery. After this delay, the customer will not be entitled to claim for any mistake in delivery or apparent defect.
c) Damage and partial loss
In the event of a parcel clearly and visibly damaged, it will be up to the customer to refuse it in order to benefit from the carrier’s guaranty. In addition, the customer will have to mention it to the seller without delay in order to be sent a new package from the moment the damaged one has returned to the sender. In such an event, the times of delivery mentioned above no longer apply.
Furthermore, the customer should refuse any incomplete package, or package which contain damaged goods. In legal terms, the reception of delivered goods cancelled all actions against the carrier for damaged or partial loss if within three days, excluding bank holidays, following the reception, the recipient has not notified his/her discontentment to the carrier via a registered letter. The customer will not be compensated if this procedure is not respected.
8. Arrangements relating to the rights of the consumer
a) Customer service
The customer service of the present site is accessible Monday to Saturday from 11am to 6pm by phone (not overtaxed) at the following number: 00 353 1 230 0959, or by e-mail at the following address: sales@cigatec-ireland.com, or by post at the following address: Cigatec, 48 Upper George's street, Dun Laoghaire, Co Dublin, Ireland. In the last two options, the editor is committed to answer within three working days.
b) Right of withdrawal
In accordance with the legislation in place, consumers have seven clear days from the time of delivery of the package to demand a reimbursement. To use this right, consumers are committed to return the package at their expense to the business head office: Cigatec, 48 Upper George's Street, Dun Laoghaire, Co Dublin, Ireland, along with a letter requesting reimbursement.
All returns should be complete (original packaging, manual leaflet, accessories, copy of the invoice) and the returned goods should be in perfect condition for resale, that is to say not worn or soiled or damaged from use.
In accordance to the consumer code, consumers therefore can claim no right of withdrawal regarding orders of clearly personalised or confectioned goods, according their specificities, or due to their nature, cannot be resent or are susceptible to quickly go out of.
c) Delay
Any delivery delay of more than seven days can lead to a cancellation of the sale by the consumer, by simply sending a registered letter with returned receipt requested. The consumer will then be reimbursed from any money he/she spent for the transaction. The present clause will not apply if the delay is due to the consumer’s doings or if in exceptional and major circumstances outside the editor’s control.
In such event, the consumer is committed not to sue the site and its editor and waive the present resolution of the sale foreseen in the present article.
9. Guarantee of the products sold on the present site
In an event of defect of a product purchased on this site, costumers have, in accordance with the provisions of the civil code on the legal guarantee of latent defects, within a period of two years from the date when the defect in the product was discovered to benefit from an exchange or a refund , and they have a two year period from the reception of the product to request an exchange or reimbursement in the event that the good delivered does not comply ( not conform as defined in the article above mentioned). To exercise any of these rights, consumers have the responsibility to contact the customer service and prove the malfunction.
Some of the products bought on the present site have, apart from the guarantee on latent defect defined in the civil code as well as the warranty of good compliance and are, where required, always applicable and defined above, a conventional warranty proposed by the editor, which duration will be mentioned on the receipt (6 months for electrical products). The conventional warranty only allows for repair or exchange of the product.
A latent defect is a default in the product that makes its usage under normal conditions of use unfit for predestined purpose. The duty of compliance includes the delivery of a product contractually agreed, however, even within a possible contractual guarantee context, the editor is not accountable for the normal wear and tear of the products, for the non compliance of the operating instruction, for poor maintenance, or for incidental damage or damage following improper usage of the product.
10. The editor’s newsletter
By clicking on the box provided for that purpose, or specifically agreeing for that purpose, the members allow the editor to send them a newsletter (the frequency and shape of which he will choose at his own discretion). This newsletter will contain information relating to his activity. When clicking on the button provided for that purpose, the user accepts to be sent special offers from the editor of this site related to products and services similar to the purchased ones.
Subscribers have the option to unsubscribe by clicking on the relevant box provided in each newsletter.
11. Statements relating to the Data Protection Act of January 6, 1978
a) General - Purpose – Duration
Users have the option of providing free personal information about them. Providing personal information is not necessary for navigating the site. However, inclusion on this site involves the collection by the editor of a number of personal information about users. Users do not want to provide the information needed to create a personal space cannot order on this site.
The data collected are necessary for the proper administration of the services offered on this site and respect the publisher of its contractual obligations. These data are stored by the publisher this unique quality, and the publisher agrees not to use them in another context or to transmit them to third parties, without express consent of the users or as provided by law.
The coordinates of all registered users on this site are stored for a maximum period of one year after the removal of personal space, reasonable time required for the proper administration of the site and a normal data usage. This data is kept under secure conditions, according to the current means of the technique.
b) Right of access, correction and deletion
According to the latter, they have a right to oppose, query, access and rectify the data they provided. To do this, they need only apply to the publisher of this site, by formulating the following email address: contact@cigatec.com, or by post to the registered address of the editor mentioned at the beginning of these Terms.
The personal data collected shall be processed electronically and are exclusively reserved to the publisher of the site.
The controller is Mr Gael Forlot.
The personal data collected are not subject to any transfer abroad.
c) Approval of the general Terms and Conditions
In addition, the publisher reserves the right to collect public Internet Protocol (IP) address of all users. The collection of this IP address will be made anonymously, it will be retained for the same duration as personal information and will only allow for the proper administration of the services offered on this site. The IP address is a series of numbers separated by points allowing the unique identification of a computer on the Internet.
The publisher must disclose all personal data relating to a user to the Police (on judicial requisition) or any person (judge's order). The IP address of any computer can be reconciled with the actual identity of the subscriber held by the ISP (internet provider).
12. Exemption from liability of the publisher in connection with the execution of this contract
If unable to access the site due to technical problems or any kind, the customer cannot claim injury and will not be entitled to any compensation.
The unavailability, even long term and without limitation, one or more products, cannot be constitutive of injury to users and cannot possibly give rise to the award of damages on the part of the site or its publisher.
The publisher shall in no event be liable for non-performance or improper performance of the contract may be directly or indirectly attributable to the fact the client or a case of force majeure, meaning as the courts of Irish law .
Visual representations of the products published on this site are guaranteed by as perfectly lifelike editor to satisfy its obligation to perfect information. However, the current state of the art, made these representations especially in terms of colour or shape, can vary substantially from one computer terminal to another or differ from reality depending on the quality of the graphics and accessories screen or on the display resolution. These variations and differences may in no case be attributed to the editor who will in no way be held responsible therefore.
The products sold on this site are commercialised in accordance with legal and regulatory Irish provisions, therefore the editor cannot be held responsible for non compliance with other countries’ legal and regulatory provisions.
The editor is not the manufacturer of the product, therefore he will not be held responsible for damage caused to an individual or a good due to a faulty product. Information on the manufacturer are indicated on the product or the operating manual of the latter: in any case, the manufacturer can always supply information when requested to.
The hyperlinks on this site may refer to other websites and the responsibility of the publisher of this site cannot be held liable if the content of these sites violates the laws. Similarly, the responsibility of the publisher of this site cannot be held if the visit by the user, one of these sites, caused him harm.
13. The intellectual property rights relating to information published on this site
All elements of this site are property of the publisher and are protected by laws relating to intellectual property.
Users therefore agree that, in the absence of authorization, any copy or partial and any distribution or operation of one or more of these elements, whether or not modified, will likely lead to prosecution conducted against them by the publisher or his assigns.
This protection will cover all text and graphics contained on the site, but also on its structure, its name and graphic.
14. Modification of Terms
These terms and conditions may be modified at any time by the site editor or agent. General conditions of sale apply to the customer are those in force at the date of the order. The publisher obviously agrees to keep all its old terms and send them to any user who makes a request.
15. Applicable law and competent courts
These general conditions are subject to the application of Irish law and the jurisdiction of the Irish courts. The contract language is English.
16. Amicable settlement of disputes
Unless of public policy, any disputes that may arise in connection with the execution of these terms before any legal action can be subject to the discretion of the site editor for a settlement. It is expressly stated that requests for settlement does not suspend the time limits for bringing legal action.
17. Severability
If any provision of these terms were to be declared invalid by a court, such invalidity shall not entail the invalidity of all other clauses, which continue to produce their effect.
18. No Waiver
The fact that the parties do not rely on a temporary or permanent one or more provisions of these terms and conditions shall carry in any waiver of the remaining terms and conditions.
