PREAMBLE
SILVER FOX allows its reseller customers to order liquids as well as other products (bases, boosters, flavors) for electronic cigarettes.
These general conditions of Use (hereinafter the “T&Cs”) describe any use of the website accessible at the address https://silverfoxeliquids.com/ (hereinafter the “SITE”) and the store available at the address https://lvip.odoo.com/ (hereinafter the “SHOP”).
ANY USE MADE FOR ANY CAPACITY WHATSOEVER OF THE WEBSITE OR THE STORE MANDATORY IMPLY THE UNRESERVED ACCEPTANCE, BY THE USER, OF THESE GENERAL CONDITIONS OF USE (CGU).
ARTICLE 1 – OBJECT
The company LVIP DISTRIBUTION (hereinafter “SILVER FOX”) publishes and operates the SITE and the SHOP.
These General Conditions of Use concluded between SILVER FOX (LVIP DISTRIBUTION, limited liability company with share capital of 100 euros, registered in the Versailles Trade and Companies Register under number 853 224004, located at 25 rue du Maréchal Foch 78000 VERSAILLES) and the User are intended to establish the contractual provisions relating to the respective rights and obligations of the Parties in the context of the use of the WEBSITE, the SHOP and all the SERVICES offered there.
SILVER FOX allows its professional customers to order products for electronic cigarettes presented on the SITE.
The sale of PRODUCTS to RESELLERS is governed by the General Conditions of Sale, a contract separate from these T&Cs.
ARTICLE 2 – DEFINITIONS
Les termes, mentionnés ci-dessous, ont dans les présentes CGU, la signification suivante:
- « SHOP »: designates the interface accessible at the address https://lvip.odoo.com/ allowing the RESELLER to order the Products. Access to the SHOP is via the ACCOUNT.
- « ORDER »: designates the purchase of the PRODUCTS by the RESELLER via the SHOP.
- « ACCOUNT »: designates the interface hosted on the SHOP in which all the data provided by the RESELLER is grouped and allows him to place his orders and access invoices. Access to the Account is via Identifiers.
- « GENERAL CONDITIONS OF SALE » ou « CGV »: designates the contractual conditions governing the sale of PRODUCTS to the RESELLER.
- « IDENTIFIERS »: designates the email address of the RESELLER and the password generated by the latter, necessary for access to his ACCOUNT on the SHOP.
- « DELIVERY »: designates the first presentation of the PRODUCTS ordered by the RESELLER to the delivery address indicated when ordering.
- « PARTS »: in the plural, together refers to SILVER FOX and the User. In the singular, designates only one of the two Parties.
- « PRODUCTS »: refers to all the products offered for sale by SILVER FOX and available on the SHOP.
- « RESELLER »: designates any person guaranteeing that they have the status of professional, accessing the SITE and/or the SHOP and placing an ORDER for PRODUCTS with SILVER FOX.
- « SERVICES »: designates all the services offered by SILVER FOX to Users via the SITE and the SHOP.
- « SITE »: designates the website published by SILVER FOX and accessible at the address https://silverfoxeliquids.com/.
- « USER »: refers to any person who accesses and browses the SITE or the SHOP.
ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS OF USE
Use of the functionalities of the SITE and/or the SHOP implies acceptance of these T&Cs.
Thus, the User undertakes to carefully read these General Conditions of Use when accessing the SITE and/or the SHOP and is invited to download them, print them and keep a copy.
It is specified that these T&Cs are referenced at the bottom of each page of the SITE and the SHOP by means of a hypertext link and can thus be consulted at any time.
ARTICLE 4. TECHNICAL SPECIFICATIONS
By using the SITE and/or the SHOP, the USER acknowledges having the means and skills necessary to use the functionalities offered on the SITE and/or the SHOP.
The equipment necessary for access and use of the SITE and the SHOP are the responsibility of the USER, as are any telecommunications costs possibly incurred by their use.
ARTICLE 5. CONDITIONS OF ACCESS AND REGISTRATION
Only USERS aged 18 or over can access the SITE and the SHOP to benefit from the SERVICES.
The USER is informed that only RESELLERS selected by SILVER FOX are authorized to order the PRODUCTS through the SHOP, to the exclusion of any individual consumer.
The USER wishing to register on the SHOP is invited to follow the steps described below:
- Article 5.1. Registration on the SHOP
To be able to place an order via the SHOP, the potential RESELLER is invited to contact SILVER FOX by any means and to provide the information requested by SILVER FOX, namely:
- Company name;
- Name, first name, telephone number and email address of the person responsible for managing orders;
- Company registration Number;
- Intracommunity VAT number.
Registration and contractual relations between SILVER FOX and the RESELLER are governed by the General Terms and Conditions which will be transmitted to it in the event of an order on the SHOP and which are accessible at any time via a dedicated link on the SHOP.
- Article 5.2. Identifiers
The RESELLER will be solely responsible for the use of his IDENTIFIERS or actions carried out through his ACCOUNT.
In the event that a RESELLER discloses or uses his or her IDENTIFIERS in a manner contrary to their intended purpose, SILVER FOX may then suspend the ACCOUNT.
Under no circumstances can SILVER FOX be held responsible in the event of theft of the identity of a RESELLER. Any access and action carried out from the ACCOUNT of a RESELLER will be presumed to be carried out by this RESELLER, to the extent that SILVER FOX is not obliged and does not have the technical means allowing it to ensure the identity of the people who have access to the SHOP from an ACCOUNT.
Any loss, misappropriation, or unauthorized use of a RESELLER’s Identifiers and their consequences are the sole responsibility of the User, the latter being required to notify SILVER FOX, without delay, by email addressed to the following address: info@vapinginparis.com.
- Article 5.3. Unsubscribe or delete ACCOUNT
The RESELLER may close his Account at any time by sending an email to the following address: info@vapinginparis.com.
SILVER FOX will deactivate the ACCOUNT within seven (7) days and will send the RESELLER an email confirming the closure of his ACCOUNT and the definitive deletion of all of its elements on the SHOP, with the exception of elements whose conservation is required by law.
In the event of prolonged inactivity of the RESELLER, SILVER FOX reserves the right to close access to its ACCOUNT on the SHOP.
ARTICLE 6. SERVICES
The main Service offered by SILVER FOX consists of allowing the RESELLER to consult the PRODUCTS listed by category with a view to being able to order them from the SHOP after connecting to their ACCOUNT.
- Article 6.1. Services offered to any USER
Any USER can access the SITE free of charge.
The USER will be able to access information concerning:
- SILVER FOX and the list of its RESELLERS;
- The different categories of PRODUCTS;
- SILVER FOX commitments in terms of PRODUCT quality.
Article 6.2. Services offered to any RESELLER with an ACCOUNT
In addition to the various SERVICES listed in article 6.1 of these T&Cs, any RESELLER registered on the SHOP and having an ACCOUNT will have access to the following additional SERVICES:
- Article 6.2.1. Access to PRODUCTS
The RESELLER will be able to consult the list of available PRODUCTS classified by category.
- Article 6.2.2. PRODUCT ORDERS
Any RESELLER has the possibility of placing an ORDER for the PRODUCTS offered by SILVER FOX via the SHOP.
Any ORDER for PRODUCTS will be governed by the General Terms and Conditions.
- Article 6.2.3. Management of ORDERS and invoicing
On his ACCOUNT, the RESELLER will be able to access all of his purchase orders and invoices.
- Article 6.2.4. Updating your personal information
From his ACCOUNT, the RESELLER will have the possibility to update his personal information as well as his addresses.
ARTICLE 7. OBLIGATION OF THE PARTIES
- Article 7.1. USER Obligations
As part of the use of the SITE and/or the SHOP, each USER undertakes not to harm public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these T&Cs.
Each USER has the obligation to:
- Behave in a loyal and lawful manner towards SILVER FOX and third parties;
- Be honest and sincere in the information provided to SILVER FOX and, where applicable, to third party USERS;
- Use the SITE and/or the SHOP in accordance with their purpose as described in these T&Cs;
- Do not divert the purpose of the SITE and/or the SHOP to commit crimes, offenses or contraventions punishable by the Penal Code or any other law;
- Not carry out substantial or repeated extraction of the content of the SITE and/or the SHOP by infringing the rights of the SILVER FOX database producer;
- Respect the privacy of third parties and the confidentiality of exchanges;
- Respect the intellectual property rights of SILVER FOX relating to the elements of the SITE and/or the SHOP;
- Do not seek to undermine the meaning of articles 323-1 et seq. of the Penal Code of the automated data processing systems implemented on the SITE and/or the SHOP, in particular through practices such as scrapping;
- Do not modify the information posted online by SILVER FOX;
- Do not use the SITE and/or the SHOP to massively send unsolicited messages (advertising or other);
- Do not disseminate data that has the effect of reducing, disorganizing, slowing down or interrupting the normal operation of the SITE and/or the SHOP.
In compliance with the legal and regulatory provisions in force and in accordance with the law of July 29, 1881 relating to freedom of the press, the USER undertakes not to disseminate messages or information:
- Constituting culpable denigration aimed at SILVER FOX or other USERS;
- Contrary to public order and good morals;
- Of an insulting, defamatory, racist, xenophobic, revisionist nature or damaging to the honor or reputation of others;
- Inciting discrimination, hatred of a person or group of people because of their origin or their membership or non-membership of a specific ethnic group, nation, race or religion;
- Threatening a person or group of people;
- Of a pedophile nature;
- Inciting to commit an offense, a crime or an act of terrorism or advocating war crimes or crimes against humanity;
- Inciting suicide;
- Allowing third parties to directly or indirectly obtain pirated software, software serial numbers, software enabling acts of hacking and intrusion into computer and telecommunications systems, viruses and other logic bombs and generally any software or other tool allowing the rights of others and the safety of people and property to be infringed;
- Of a commercial nature (prospecting, soliciting, prostitution, etc.).
Article 7.2. SILVER FOX Obligations
The general obligation of SILVER FOX is an obligation of means. SILVER FOX is not subject to any obligation of result or reinforced means of any kind.
SILVER FOX undertakes to use all means to ensure continued access and use of the SITE and/or the SHOP 7 days a week, 24 hours a day.
SILVER FOX, however, draws the attention of USERS to the fact that current communication protocols via the Internet do not ensure certain and continuous transmission of electronic exchanges (messages, documents, identity of the sender or recipient).
ARTICLE 8. LIABILITY
SILVER FOX declines all responsibility in particular:
- In the event of temporary impossibility of accessing the SITE and/or the SHOP for technical maintenance operations or updating published information. USERS acknowledge that SILVER FOX cannot be held liable in the event of malfunctions or interruptions of said transmission networks;
- In the event of viral attacks, unlawful intrusion into an automated data processing system;
- In the event of abnormal use or illicit exploitation of the SITE and/or the SHOP by a USER or a third party;
- Relating to the content of third-party websites to which hypertext links present on the SITE or the SHOP refer;
- In the event of non-compliance with these T&Cs attributable to USERS;
- In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in article 11 of these T&Cs;
- In the event of a foreign cause not attributable to SILVER FOX.
- In the event of abnormal use or illegal exploitation of the SITE and/or the SHOP, the USER is then solely responsible for damage caused to third parties and the consequences of claims or actions that could result therefrom.
ARTICLE 9. FORCE MAJEURE
The liability of SILVER FOX cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these T&Cs results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation. by the debtor.
If the impediment is temporary, the execution of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
In the event of the occurrence of one of the above-mentioned events, SILVER FOX will endeavor to inform the USER as soon as possible.
ARTICLE 10. INTELLECTUAL PROPERTY
The USER acknowledges the intellectual property rights of SILVER FOX on the SITE, the SHOP, their components and related content and waives the right to contest these rights in any form whatsoever.
The brands, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the SITE and/or the SHOP are the exclusive intellectual property of SILVER FOX or its licensors and may not be reproduced, used or represented without express authorization under penalty of legal proceedings.
Any representation or reproduction, total or partial, of the SITE and/or the SHOP as well as their content, by any means whatsoever, without the express prior authorization of SILVER FOX, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code.
In particular, SILVER FOX expressly prohibits:
- The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database on another medium, by any means and in any form whatsoever;
- Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the database, whatever the form;
- The reproduction, extraction or reuse, by any means, including methods comparable to scrapping of content (photographs, description etc.) published by SILVER FOX.
Acceptance of these T&Cs constitutes recognition by USERS of the intellectual property rights of SILVER FOX and commitment to respect them.
SILVER FOX grants a personal, non-exclusive and non-transferable license to USERS authorizing them to use the SITE, the SHOP and the information they contain in accordance with these T&Cs.
Any other use of the SITE, the SHOP and their content is excluded from the scope of this license and cannot be carried out without the express prior authorization of SILVER FOX.
ARTICLE 11. PROTECTION OF PERSONAL DATA
As part of the operation of the SITE and the SHOP, SILVER FOX may collect personal data.
This data is necessary for the management of the SITE, the SHOP and the processing of Orders. This data will be kept confidentially by SILVER FOX for the purposes of the contract, its execution and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a RESELLER or from your last contact if you are not yet a RESELLER.
The data may be communicated in whole or in part to SILVER FOX service providers.
In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and modified freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free movement of this data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), SILVER FOX ensures the implementation of the rights of persons concerned.
Please note that the USER whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of information concerning them, as well as a right to limitation. processing in accordance with articles 49,50,51,53 and 55 of the Data Protection Act and the provisions of articles 15, 16, 17 and 18 of the European General Regulation on the Protection of Persons (GDPR).
In accordance with the provisions of article 56 of the Data Protection Act and article 21 of the GDPR, the USER may also, for legitimate reasons, object to the processing of data concerning him or her, without reason and without charge.
The USER can also define the fate of their data after their death and choose whether or not SILVER FOX communicates their data to a third party that the USER has previously designated.
The User can exercise their rights by sending an email to the address: info@vapinginparis.com or by sending a letter to: SILVER FOX, 25 rue du Maréchal Foch, 78000 VERSAILLES.
Finally, the User can also submit a complaint to the supervisory authorities and in particular to the CNIL (https://www.cnil.fr/fr/plaintes).
ARTICLE 12. USER SERVICE
Any question or complaint concerning the use or operation of the SITE and/or the SHOP can be formulated according to the following methods:
- By email to the following address: info@vapinginparis.com;
- By mail to SÉRÉSILVER FOX NITÉ, 25 rue du Maréchal Foch, 78000 VERSAILLES;
- By telephone at +33601328195.
ARTICLE 13. VALIDITY OF THE CGU
If any of the stipulations of these T&Cs were to be declared void with regard to a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten but not will in no way affect the validity of the other clauses which will remain fully applicable.
Such a modification or decision in no way authorizes USERS to disregard these T&Cs.
ARTICLE 14. MODIFICATION OF THE T&Cs
These T&Cs apply to any USER browsing the SITE and/or the SHOP.
The T&Cs may be modified and updated by SILVER FOX at any time, in particular to adapt to legislative or regulatory developments.
USERS will be notified of any modification to these General Conditions of Use.
The applicable T&Cs are those in force at the time of browsing the SITE and/or the SHOP.
ARTICLE 15. GENERAL PROVISIONS
The fact that one of the Parties has not required the application of any clause of these T&Cs, whether permanently or temporarily, can in no case be considered as a waiver of said clause.
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of these, the titles will be declared non-existent.
ARTICLE 16. JURISDICTION AND APPLICABLE LAW
THE COMPETENT COMMERCIAL COURT IN WHERE THE HEAD OFFICE OF SILVER FOX IS LOCATED WILL BE COMPETENT TO KNOW ANY DISPUTE CONCERNING THE APPLICATION OF THESE T&Cs AS WELL AS THEIR INTERPRETATION AND EXECUTION, EVEN IN THE EVENT OF MULTIPLE DEBTORS, GUARANTEE CALL OR REFERENCE.
HOWEVER SILVER FOX RESERVES THE RIGHT TO SUIT THE USER BEFORE THE COMMERCIAL COURT IN WHICH THE USER HAS HIS HIS DOMICILE.
THESE T&Cs AS WELL AS THE RELATIONS BETWEEN THE USER AND SILVER FOX ARE GOVERNED BY FRENCH LAW.
However, prior to any recourse to an arbitral or state judge, priority will be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to these T&Cs, including relating to its validity.
The Party wishing to implement the negotiation process must inform the other Party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If after a period of one (1) month, the Parties are unable to reach an agreement, the dispute will be submitted to the competent court designated below.
Throughout the negotiation process and until its outcome, the Parties refrain from taking any legal action against each other and for the conflict subject to negotiation. As an exception, the Parties are authorized to refer the matter to the court for summary proceedings or to request the issuance of an order upon request. Any action before the summary court or the implementation of a procedure upon request does not entail any waiver on the part of the parties of the amicable settlement clause, unless expressly desired otherwise.