General Terms & Conditions

The present general terms and conditions express the entirety of the obligations of the parties. No general or specific condition appearing in documents sent or delivered by the customer may be incorporated herein without the Site's written agreement.

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of products offered by the Site (hereinafter the "Product(s)").

The present contract between the customer and Site is formed by the following contractual documents, presented in descending hierarchical order: the order form; these general terms and conditions.

In the event of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.

4.1. Information to be provided when ordering

The customer is solely responsible for completing the online order form, specifying the references of the Products chosen and their quantity. The customer shall check the completeness and accuracy of the information provided at the time of ordering. The Site cannot be held responsible for data entry errors and their consequences (delays or delivery errors, for example). Any costs incurred for the reshipment of the order or the organization of a new delivery of the Products due to a customer's input error will be borne exclusively by the customer.

The customer must create an account before validating an order. To do so, the customer must specify his/her surname, first name, delivery and/or billing address, e-mail address and telephone number.

The customer can check the details of his order and the total price before validating the order by ticking the appropriate box. The customer may modify or cancel the order before validation. The customer will receive confirmation of his/her order by e-mail on the Site. The order will be considered validated only after payment by the customer in accordance with the conditions specified in article 8 below. An order may be refused if a payment dispute is in progress with the customer, or if the customer has not paid for a current order.

4.2. Order confirmation

Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, by post to the address indicated by the customer at the time of ordering.

4.3. Bloctel

The customer has the right to register at any time on the BLOCTEL website (www.bloctel.gouv.fr).

4.4. Proof of transaction

Computerized registers, kept in the Site's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

5.1. General information

The Site presents the Products for sale with the characteristics necessary to comply with article L.111-1 of the French Consumer Code. The potential customer is aware of the essential characteristics of the Products he/she wishes to purchase before placing a definitive order.

Each Product is accompanied by a description. Product offers and prices are only valid as long as they are visible on the Site and within the limits of available stocks.

5.2. Information on vape pen

In application of article L. 111-4 of the French Consumer Code, the Site provides the customer, on any suitable medium prior to the conclusion of the sale, with information concerning the period during which, or the date up to which, spare parts essential to the use of the Product are available on the market, provided that this information has actually been transmitted to the customer by the manufacturer or importer. This information, when provided by the manufacturer or importer, will be confirmed in writing at the time of purchase of the Product by the Customer.

In the event that a Product is unavailable after the order has been placed, the customer will be informed by e-mail or telephone, depending on his or her choice, using the contact details provided when the order was placed. The customer may be offered a similar Product at the same price.

If the customer refuses the replacement Product, he may cancel his order by sending an e-mail to contact@canebiera.com or by post to the following address :

SAS EZOM, 67 Cours Mirabeau, 13100 Aix-en-Provence.

If the customer's bank account has been debited, the customer will be reimbursed by bank transfer within a maximum of 14 days of payment of the sums paid.

The Site cannot guarantee that the Products sold will be restocked, and cannot be held responsible for this to the extent of its possibilities or those of the manufacturer.

In order to ensure the security of transactions and to respond to the concern of as many people as possible to prevent fraud in distance selling, we carry out random checks on the placing of orders. As part of a random check, we invite you by e-mail to send us proof of address and/or identity (the aim being to ensure the reality of identity and address [for example, an EDF receipt, a telephone bill, and proof of identity]) for the perfection of the order. In the absence of such proof, or if the documents sent do not enable us to verify the identity of the person placing the order and the reality of the address, we shall be obliged to cancel the order in order to guarantee the security of online transactions.

Product prices are indicated on the Site in Euros, inclusive of all taxes but excluding delivery and preparation costs, which are indicated before the order is validated. The prices shown on the Site may be modified at any time, but the Product will be invoiced to the customer on the basis of the rate in force at the time the order is validated.

Payment in full must be made when the order is placed. At no time may the sums paid be considered as deposits.

To pay for an order, the customer may choose from the payment methods offered on the Site at the time of ordering, namely: credit card and bank transfer.

The customer guarantees that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form.

The Site reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment.

In particular, the Site reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

In accordance with the legal provisions in force, the customer has a period of 14 days from the moment when the customer or his representative has physically taken possession of the Product to exercise his right of withdrawal without having to justify his reasons or pay any penalty. All requests for retraction must be sent to the following address : contact@canebiera.com.

The customer must send the retraction request either by using the form attached to these general terms and conditions of sale, or by sending an unambiguous retraction request.

A return number will then be assigned to the Product. The Product must be returned intact, in its entirety and in its original packaging, by Colissimo with tracking, to the following address :

SAS EZOM, 67 Cours Mirabeau, 13100 Aix-en-Provence.

Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted.

Products in poor condition, stained, incomplete or opened will not be accepted. The customer shall only be liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.

In view of the nature of certain Products and for reasons of hygiene, the customer is informed that the right of withdrawal is not applicable in the event of opening or use of the Products.

This right of withdrawal is exercised without penalty, with the exception of the cost of return. In the event that the right of withdrawal is exercised, the customer will be reimbursed. The customer will be reimbursed without undue delay and in any event no later than 14 days from the date on which the Site receives proof of the return of the Product by the customer. The refund will be made using the same means of payment that the customer used for the initial transaction, unless the customer expressly requests a different means. In any event, the refund will not incur any costs for the customer.

11.1. Terms of delivery

Products are delivered in France and, if accepted by the Site and subject to applicable foreign regulations, abroad.

Delivery to France is free of charge for orders of €60 or more.

The customer is informed of the cost associated with the delivery of the Product before the order is sent.

Products are delivered to the address indicated by the customer at the time of ordering. The Site undertakes to deliver at the latest on the date or within the delivery period indicated when the order was placed (article L.216-1 et seq. of the French Consumer Code).

The customer must check the condition of the packaging of the Products on delivery and notify EZOM SAS of any damage caused by the carrier (damaged package) directly on the delivery slip, as well as to the Site (https://canebiera.com/) within forty-eight (48) hours.

In the event of items being delivered on different dates depending on their availability, the delivery period is based on the longest period, with the Site reserving the right to split deliveries.

11.2. Late delivery

If the Product is not delivered to the customer on the agreed delivery date and this delay is not due to the customer, the customer will be entitled to notify the Site of the suspension of payment of all or part of the price until the Site complies, or to cancel the contract in accordance with the following procedure :

• in the first instance, the customer must send the Site, by registered letter with acknowledgement of receipt or by another written document on a durable medium, a formal notice to deliver the Product within a reasonable additional period.
• secondly, if the Site has not delivered the Product within this additional period, the customer may inform the Site, in the same way, that he is terminating the sales contract.

The contract will only be terminated on receipt of this letter or written notice informing the Site of this termination, provided that delivery has not taken place between the sending of the customer's letter and its receipt.

The sums paid will then be returned to the customer, without duplication, within 14 days of the termination of the contract. The above provisions do not apply in the event of force majeure or acts of God.

The transfer of risks takes place as soon as the delivery note is signed by the customer or the third party designated by the customer.

11.3. Complaints

Any anomaly concerning the delivery (damage, missing product compared with the delivery note, damaged parcel, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature. The customer is requested to inform the Site of any anomalies by sending an e-mail within 48 hours (2 days) of the date of delivery to : contact@canebiera.com.

In the absence of reservations on the delivery note, the delivery is presumed to be compliant in terms of quantity, quality and appearance. The customer may therefore not invoke against the Site an apparent defect in the conformity of the Product or a defect that he knew or could not have been unaware of when he acquired the Product.

12.1. Reminder of legal warranties

The customer has a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity in the event of a lack of conformity. During this period, the customer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the customer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.

The legal warranty of conformity requires the seller, where applicable, to provide all updates necessary to maintain the conformity of the good.

The legal warranty of conformity entitles the customer to repair or replacement of the good within thirty days of his request, free of charge and without any major inconvenience to him. If the good is repaired under the legal warranty of conformity, the customer benefits from a six-month extension of the initial warranty.

If the customer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good. The customer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if :

• 1 - The seller refuses to repair or replace the good;
• 2 - The repair or replacement of the good takes place after a period of thirty days;
• 3 - The repair or replacement of the good causes a major inconvenience for the customer, in particular when the customer definitively bears the costs of taking back or removing the non-conforming good, or if he bears the costs of installing the repaired or replacement good;
• 4 - The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.

The customer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In this case, the customer is not obliged to request repair or replacement of the goods beforehand.

The customer is not entitled to rescind the sale if the lack of conformity is minor. Any period during which the goods are immobilized for repair or replacement suspends the warranty that was in force until delivery of the repaired goods.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code. Any seller who obstructs the implementation of the legal warranty of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

The customer also benefits from the legal warranty against hidden defects, in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the customer to a price reduction if the good is kept, or to a full refund in return for the return of the good.

12.2 Conditions for implementing the legal warranty

The Site's legal warranty of conformity must be invoked at the following address : contact@canebiera.com

In the event of replacement or reimbursement of any Product, the Site will assign an exchange or reimbursement number for the Product(s) concerned and will communicate it to the customer by e-mail, fax or telephone.

The Products concerned must be returned to the Site, undamaged, in their entirety and in packaging that ensures their protection during the course of the order, by Colissimo suivi, to the following address :

SAS EZOM, 67 Cours Mirabeau, 13100 Aix-en-Provence.

The customer must inform the Site of any return by first sending an e-mail to the Site's Customer Service Department at the following address : contact@canebiera.com.

Shipping costs are borne by the Site.

In accordance with the provisions of article L. 217-7 of the French Consumer Code, "The seller may rebut this presumption if it is not compatible with the nature of the goods or the claimed lack of conformity".

Thus, the Customer is fully aware that the quality of the Product depends on its storage conditions (place of storage, conditions under which the packaging is closed, etc.) and in any case cannot be guaranteed beyond its limited period of use.

In any case, this warranty does not cover deterioration of the Product due to inadequate storage conditions (temperature, humidity, exposure to light). Furthermore, no returns will be accepted for subjective reasons of non-conformity.

13.1. In the event of delivery abroad, the Site may not be held liable in the event of failure to comply with the legislation of the country where the Products are delivered. It is the customer's responsibility to check with the local authorities regarding the possibility of importing or using the Products he/she intends to order.

13.2. The customer is informed that for technical reasons (color difference due to the quality of the computer and/or printer, size difference due to a visual effect linked to the photo, etc.) differences may exist between the photos of the Products shown on the Site and the Products themselves (color, size, etc.). The customer is invited to refer to the description of each Product for its precise characteristics.

13.3. Hypertext links may lead to sites other than the Site. The Site declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.

Neither party shall have failed to fulfil its contractual obligations to the extent that their performance is delayed, impeded or prevented by unforeseen circumstances or force majeure. Shall be considered as fortuitous cases or force majeure all facts or circumstances irresistible, external to the parties, unpredictable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts.

The party affected by such circumstances shall notify the other party within 10 working days of becoming aware of the circumstances. The two parties will then approach, within a period of one month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party. Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days. Therefore, as soon as the cause for the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume as soon as possible the normal performance of their contractual obligations. To this end, the prevented party shall notify the other of the resumption of its obligation by registered letter with notice of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of 30 days, the sales contract may be resolved by each party.

For any information or question related to a Pre-Order Product or any question related to the execution of an order or warranty, the Customer Service is available to the customer :

• by email at contact@canebiera.com
• by phone at : +33 (0)6 09 14 31 15 or +33 (0)6 88 40 69 27 (call not surcharged- price of a call to a mobile)
• by post to the following address for any complaint or request for information : SAS EZOM, 67 Cours Mirabeau, 1300 Aix-en-Provence

The customer will be given a password to access their customer account. This password is personal and confidential. The customer is solely responsible for the use and confidentiality of this password. The Site excludes any liability for fraudulent use of this password.

If one or more provisions of these general terms and conditions are held to be invalid or declared to be invalid under a law, regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope.

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions cannot be interpreted for the future as a waiver of the obligation in question.

The information (surname, first name, address, email and telephone number) (hereinafter the «Data») that are requested by the Site (in its capacity as data controller) are necessary for the processing of its order. The purposes of the Data processing are :

• Order fulfillment (delivery, billing, tracking and after-sales service); and
• Sending information about similar products.

The legal basis for processing is the performance of the contract.

These Data may be communicated to service providers (subcontractors) involved in the execution of the customer’s order. The customer must write to the contact details indicated below to oppose such communication, or to exercise his rights of access, rectification of limitation, opposition, erasure and portability on the Data concerning him under the conditions laid down by the laws and regulations in force in France :

• by email at contact@canebiera.com
• by post to the following address for any complaint or request for information : SAS EZOM, 67 Cours Mirabeau, 1300 Aix-en-Provence

The Customer may also inform the Site of its post-mortem instructions regarding the fate of the Data concerning him. To exercise these rights, the customer must write to the contact details indicated above detailing his request. A response will then be sent within one (1) month, possibly extended by two (2) months following receipt of the request. In the event of a complaint, the customer may contact the Commission Informatique et Libertés (CNIL) on its website www.cnil.fr or by post 3 place de Fontenoy, 75334 Paris Cedex 07.

>The entire content (texts, comments, books, illustrations, images, etc.) displayed on the Site is reserved under copyright and intellectual property and for the whole world. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use is permitted. Any total or partial reproduction or representation of the Site or of all or part of the elements on the Site is prohibited.

Reviews, opinions, comments and more generally all content of any format written or posted by customers on this site are regularly reviewed by our teams.

If a content violates the law and/or ethics (examples: abusive advertising, defamatory remarks, insults, comments out of context, etc.), the Site reserves the right to refuse or modify the content concerned.

The Site retains ownership of the products sold until payment of all or part of the price and/ or accessories. Failure to pay any deadline may result in the Site claiming the products.

All sums paid to him by the client will be retained as damages. If the product has been damaged or destroyed during the customer’s custody. The customer must therefore take all measures and, if necessary, all insurances to compensate for the eventual destruction, partial or total, of the Products regardless of their origin.

If the Product has suffered damage or has been destroyed during the custody of the customer, the latter will assume all the consequences, the transfer of risks to the customer intervening upon delivery of the Product.

These general conditions are subject to French law. This is the case for the rules of funds as for the rules of form.

However, the customer, consumer, cannot be deprived of the protection afforded to it by provisions adopted by a Member State of the European Union pursuant to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, where the contract concluded at a distance or outside the establishment is closely linked to the territory of that State.

In case of dispute, the client may resort to the conventional mediation procedure or any other alternative dispute resolution method under the conditions of article 1528 et seq.

Regarding mediation and in accordance with Article L. 612-1 of the French Consumer Code, the client may use the mediation service CM2C (Centre de la médiation de la consommation de conciliateurs de justice), for all complaints already filed in writing with the seller’s customer service for less than one year and not satisfied.

Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No. 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 EU professionals. This platform is accessible at the following link : https://webgate.ec.europa.eu/odr/

In the absence of amicable agreement between the Parties, the dispute will be submitted to the French Courts.

If you wish to exercise your right of withdrawal in accordance with current legislation, please complete and return the document to download : Formulaire de rétractation

This withdrawal form allows you to notify us of your decision to withdraw from the contract for the sale of products or services that you have made on our site.

It is important to fill in all the required fields of the form and return it within the statutory withdrawal period, which is 14 days from receipt of the product or conclusion of the service contract.

Once we have received your duly completed withdrawal form, we will process your request and provide you with the necessary information to return the products or terminate the service contract.

Please note that you are responsible for keeping proof of the exercise of your right of withdrawal, so it is recommended to keep a copy of the withdrawal form you sent us.

Thank you for your trust and understanding, the Canebiera team.