General terms and conditions

GFC ProVap* respects the rules of quality charters of distance selling:

1 - Implementation of the 1-month warranty and after-sales service
2 - Information on delivery times and product availability
3 - Settlement of disputes
4 - Information on products and services offered
5 - Commitment to Data Protection

GFC ProVap* Company

SAS with a capital of 1 640 000€.
R.C.S. CRETEIL 808 496 095
2 route de l'Ouest
94380 Bonneuil Sur Marne

Phone: +33 (0)1 80 91 50 70
Mail : contact@gfc-provap.com
Intracommunity VAT number: FR96808496095

All correspondence with respect to GFC ProVap, will be done at the above address.

The customer recognizes to have taken knowledge, at the time of the placing of order, of the general conditions of sale stated on the site gfc-provap*. Any placing of order is worth acceptance of the present general conditions without any reserve. The present general conditions of sale govern the contractual relations between gfc-provap* and its customer, the two parts accepting them without reserve. These general conditions of sale will prevail on all other conditions appearing in any other document, except preliminary, express and written exemption.

PREAMBLE

The company GFC ProVap is a wholesaler of electronic cigarettes, associated products and e-liquids for electronic cigarette.

The terms below will, when their first letter appears in capital letters, the following meaning:
- GFC" means the company GFC ProVap referred to at the head of the GTC;
- GFC" means the company GFC ProVap referred to at the head of the GTC; "GTC" means these general conditions of sale;
- Customer" means the professional customer of the production or manufacture or distribution of electronic cigarette products, associated products and e-liquids wishing to purchase one or more products. If it is a natural person, it must be at least 18 years and be fully capable;
- Product" means any product offered for sale on the Website;
- Website" means the wholesale-francochine.com website.

The purchase, from GFC, of Products available on the Website :
- is reserved for professionals in the production or manufacture or distribution of electronic cigarette products, associated products and e-liquids and
- can only be done online and after connecting to a customer account previously created on the Website by the Customer and validated by GFC.

ARTICLE 1 - APPLICATION OF GCU

The GCU apply to the relationship between GFC and the Customer for and following the placing of an order for Product(s).

The placing of an order for Product(s) implies Customer's full and unconditional acceptance of the GCU. Any unilateral contrary and/or special condition emanating from the Customer shall therefore, in the absence of formal and written acceptance by GFC, be unenforceable against GFC, regardless of when it may have been brought to its attention.

The fact that GFC does not take advantage of any of the provisions of the GCU at a given time shall not be interpreted as a waiver of the right to take advantage of any of the provisions of the GCU at a later time.

ARTICLE 2 - CREATION OF THE CUSTOMER ACCOUNT

A customer account can only be created if the customer provides GFC with the following information

- Name and surname which will be attached to the customer account;

- Billing address which will be used for issuing purchase invoices (this address can be modified directly from the customer account after its creation);

- Contact e-mail address to which information related to the processing of orders and purchase invoices will be sent;

- SIRET number (for customers in metropolitan France and Corsica) or intra-community VAT number (for customers outside metropolitan France and Corsica) registered and validated by the site ec.europa.net (VIES).

Once the customer account is obtained, the customer agrees to use the customer account login information provided by GFC to place any orders for Products. Customer agrees not to disclose such login information to any third party.

GFC may ask the Customer at any time to provide personal information (e.g., updated Kbis extract).

GFC reserves the right to deactivate a validated customer account, even after the customer has placed one or more orders for Products, without having to justify itself (for example, in the case of an account created more than two months ago and having recorded no orders).

However, GFC will give the Customer a reasonable amount of notice, and will deliver to the Customer all firm orders placed at the time of deactivation of the Customer's account. However, no prior notice will be required before the account is deactivated, if the deactivation is due to a fault of the Customer (e.g.: unpaid order(s), erroneous or incomplete information provided by the Customer, behavior of the Customer damaging the brand image of GFC and/or one (or more) Product(s), etc.).

ARTICLE 3 - ORDERING PRODUCT(S)

For each Product, a description is available online, on the page of the Product concerned, containing the main characteristics of the Product.

To access the list of Products, the price lists and to be able to place an order, the Customer must have a customer account and connect to his customer area.

To be valid, any order of Product(s) must be made on the Website and must be placed by a Customer.

The minimum order amount on the Website is set at 100 euros excluding VAT.

Any order is considered firm and final as soon as it is validated by the Customer and the Customer accepts the GTC.

GFC will confirm receipt of the order by sending an e-mail to the e-mail address provided by the Customer in the registration form (or later, if the Customer has made a change notified by e-mail or mail to GFC).

The confirmation e-mail sent by GFC will contain the tracking number of the package(s) (for information purposes) as well as the order information (product type, quantity, payment method selected) and references of the order (which must be recalled by the Customer in any exchange with GFC regarding this order). Customer shall verify the accuracy of this information and shall notify GFC of any inaccuracies before GFC ships the order.

GFC reserves the right to cancel any order for Product(s) for which the identification information provided is in doubt as to its accuracy, after notifying the Customer.

ARTICLE 4 - ORDER MODIFICATION

Any request by the Customer to modify an order for Product(s) must be sent by e-mail to GFC within 24 hours from the date of receipt of the Customer's order by GFC, and in any case before the Products are shipped by GFC.

GFC reserves the right to accept or reject any changes requested by Customer.

Any modification to an order for Product(s), at the request of the Customer and accepted by GFC, shall automatically cancel the terms previously accepted by the Customer (with respect to prices, deadlines, payment terms and delivery terms); however, the new terms shall be brought to the attention of the Customer before the Customer validates the modified order.

ARTICLE 5 - DELIVERY OF PRODUCTS

The Products ordered shall be shipped only after full payment of the order amount by Customer. GFC may also ship the Products upon payment of previous invoices due and unpaid by the Customer, in whole or in part, and more generally upon payment of any amount due by the Customer to GFC.

5.1 Product Delivery Time

The delivery time of a Product order is considered to be the time between the date of validation of the order by GFC and the availability of the order at the delivery address indicated by the Customer.

The delivery times announced at the time of ordering are for information purposes only. GFC will ship the same day (except for Saturdays, Sundays and holidays) for all orders validated and paid for before 3:00 pm.

Other countries at the usual rates.

These delivery times are valid for all orders placed during office hours.

5.2 Transfer of risks

The Products are sold carriage paid.

From the moment of shipment by GFC, the risk in the Products is transferred from GFC to the Customer, regardless of whether the Product order is transported to the Customer by a third party carrier or by the Customer directly.

The Products travel at the Customer's risk, and it is the Customer's responsibility, in the event of damage or missing Products, to make all necessary observations and to confirm his reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier within three (3) calendar days (excluding holidays) following receipt of the Products, whether the transport was carried out by GFC or by a third party carrier. In the latter case, Customer shall send a copy of its complaint to GFC for information, in the same form and timeframe.

ARTICLE 6 - APPARENT DEFECT AND LACK OF CONFORMITY

Without prejudice to the measures to be taken with respect to the carrier, in accordance with Article 5 of the GTC, complaints about apparent defects affecting the Products and/or the non-conformity of the Products (in quantity and/or quality) in relation to the order placed or the shipping slip, must be made by the Customer to GFC by e-mail within eight (8) calendar days (excluding holidays) following the delivery of the Products.

It is the Customer's responsibility to accompany the complaint with any justification as to the reality of the defects (e.g. photographs). GFC may request additional information from the Customer.

The Customer shall facilitate GFC's determination of defects by refraining from using or selling the Products in question during the time required for GFC to determine the defects. Customer shall also allow GFC to remedy such defects.

In the event of an apparent defect or non-conformity of the Products, duly noted by GFC under the conditions set forth above, the Customer may obtain, at its request, a free replacement of the Products in question (subject to sufficient stock) or a refund of the Products in question. In the event of a refund request, the cost of returning the defective Products and delivering replacement Products shall be borne by GFC. The return shall be made in accordance with GFC's instructions and after GFC has validated the return costs in writing.

ARTICLE 7 - GUARANTEE

The merchandise benefits from the legal guarantee relating to hidden defects as defined in article 1641 of the Civil Code. However, in derogation of Article 1648 of the Civil Code, this guarantee is valid for a period of 3 months from the date of discovery of the defect.

Concerning the procedure for returning the goods suffering from a hidden defect, this procedure appears (and can be downloaded) in the "Return Request" section at the bottom of the main page of the Website.

Defects and damage caused by Customer or its service providers or its own customers, in particular due to failure to observe the safety instructions regarding storage precautions specified on the packaging, and/or caused by misuse, improper maintenance, abnormal use, lack of supervision, poor electrical protection of the devices, by circumstances detrimental to proper operation, as well as by modification of the product not provided for or specified by GFC, are excluded from the warranty.

The warranty is also excluded for apparent defects for which the conditions of Article 5 of the GCU are applied.

In the event of improper maintenance (non-conforming maintenance or lack of maintenance) the warranty shall be lost in whole or in part, at GFC's option.

The warranty referred to in this Article 7 is granted for the sole benefit of the Customer, and shall not apply to third parties (in particular to persons to whom the Products in question may have been offered or resold).

The warranties set forth in these GCU are the only warranties granted to the Customer, to the exclusion of any other commercial or legal warranty.

Please note that warranty claims take between 2 to 4 weeks to be dealt with. This delay depends on various factors, including but not restricted to manufacturers response time and period of the year. Thank you for your understanding!

Reminder: the warranty period of products bought on our website starts on the date of purchase, and extends over three (3) months. We remind you that products returned (at customer's expense) without their original packaging are not covered by the warranty. We also remind you that you must imperatively join a copy of the invoice on which the products appear, as well as a note explaining the problem you met with the products. Thank you for your understanding!

ARTICLE 8 - PRICES

Given the number of Product references and the very frequent evolution of the Products and the market concerned, the prices applicable to an order are those of the price list excluding VAT in force on the day of the order and indicated for each Product on the Website; the prices are indicated after connection to the customer area.

The prices indicated do not include shipping costs, which will be invoiced in addition if necessary.

ARTICLE 9 - PAYMENT

All orders for Products are payable in full at the time of order.

Payments are to be made by bank transfer, by credit card via SogeCommerce or by the online payment system PayPal. For orders validated by bank transfer, these are to be paid within a maximum of 48 (forty-eight) hours from the moment the validation took place. If no payment is received within the time limit, a reminder will be sent to the Customer, then if no proof of bank transfer or payment is received within 24 (twenty-four) hours from the sending of the reminder, the order will be automatically cancelled.

In case of payment by bank transfer, the Products will not be shipped by GFC until full and final receipt of funds by GFC.

The invoice will be sent with the order and in all cases it can be downloaded from the Website in the Customer Area "Your account" under the heading "History and details of my orders".

ARTICLE 10 - RETENTION OF TITLE

The transfer of ownership of the Product(s) of an order is subject to the payment by the Customer of the full price of the order concerned.

The payment is made when GFC has received the final and effective payment of the order price.

Until payment of the order is received, Customer shall not resell the Product and shall identify it in its inventory as the property of GFC.

Customer agrees to insure at its own expense the stock of Products in its custody, which are the property of GFC until full payment of the order.

ARTICLE 11 - DISCLAIMER

All products marketed by GFC are intended for the reproduction of smoke inhalation, strictly for recreational purposes, and can in no way be considered as a method for the end user to reduce or stop smoking and/or nicotine consumption.

The product used to reproduce vaping is based on propylene glycol, vegetable glycerin, and flavor(s).

Given that no scientific study has been conducted to date on the side effects, short, medium or long term, which may be related to the absorption of these substances, the Customer acknowledges using and / or reselling the products sold by GFC on its full responsibility, GFC can not be held responsible for any health problem or health, resulting from direct or indirect use of these products, one of the customers of the Customer.

Furthermore, Customer acknowledges that the regulations applicable to products sold by GFC may vary considerably from country to country. Customer is hereby informed that the Seller only guarantees the compliance of the products with the regulations applicable to their delivery, sale and purchase in France on the day of the order, unless clearly indicated otherwise. In the event that the

Customer :
- would have his residence located outside of France ;
- and/or would like the products to be shipped outside of France;
- and/or would consider reselling the products outside of France;
- and/or would consider using the products outside of France, particularly in the context of a commercial activity;
he shall verify the conformity of the products to the law applicable on the territory in question. Customer shall not be liable for any failure of the products purchased by Customer to comply with any regulation other than those applicable in France; Customer shall fully indemnify, defend, hold harmless and hold GFC harmless from and against any and all expenses, fines, legal and arbitration proceedings, claims, losses, liabilities or actions as well as any damages resulting in any way from the failure of the products purchased by Customer to comply with any regulation other than French regulations.

ARTICLE 12 - SETTLEMENT OF DISPUTES

The relationship between Customer and GFC in relation to the Products (including, but not limited to, their purchase, sale, resale, marketing and use) shall be governed exclusively by French law.

Any dispute arising out of or relating to the validity, conclusion, interpretation, performance, termination or consequences of termination of the GTC and its subsequent acts (such as the sale of Product(s)) shall be submitted to the Courts of which GFC's headquarters are located.

ARTICLE 13 - DATA PROTECTION AND PRIVACY

The information provided by the Customer to GFC when creating a customer account, is essential for the processing and delivery of orders, for the establishment of invoices and warranty contracts, their absence leads to the cancellation of the Customer's order.

By registering on the Website, the Customer agrees to provide GFC with true and accurate information about him/her. The provision of false information is contrary to the GTC and the terms of use on the Website.

In accordance with the French law N°78-17 "Informatique et Libertés" and the European texts, the Customer has a permanent right of access and rectification on all data concerning him.

The Customer may at any time make a request to GFC to find out what information GFC has on him.

The Customer may at any time and upon request modify this data.

If the customer has agreed to this when logging on to the Website, promotional emails (e-mails) with news, clearance offers, exclusivities, bargains, will be sent to the customer. Customer may request to stop receiving promotional emails from GFC at any time.

GFC is the sole owner of the customer's information. No financial data (credit card numbers, etc.) is kept by GFC.

GFC will also inform the Customer that cookies record certain information that is stored in the Customer's hard drive memory. A warning message will ask the Customer beforehand if he/she wishes to accept cookies, which the Customer may of course refuse. These cookies do not contain any confidential information about the Customer.

(*) : gfc-provap is a registered trademark.