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Download and save the Terms and Conditions as a dated PDF file - View the history of our Terms and Conditions in PDF format
Date of last update: April 23, 2026
LEGAL NOTICE
Smoking.fr (trade name)
PROJECT WEB
Limited Liability Company (SARL) with capital of 15,000 Euros
235 allée Hector Pintus
06610 La Gaude, France
Phone: +33 (04) 93 58 91 48 (no surcharge)
Fax: +33 (04) 86 55 60 05
Grasse Commercial Register No. 499 389 146 - (2007 B 00582)
VAT No.: FR25499389146
Intra-Community VAT No.: FR25499389146
Publisher: Romain GOUNIOT
Hosting Provider: OVH
Contact Address: service-commercial@smoking.fr
Website Designer: Project Web S.A.R.L
To contact customer service: +33 (04) 93 58 91 48 (no surcharge) - our representatives are available Monday through Friday from 9:00 a.m. to 6:00 p.m.
These General Terms and Conditions apply to PROJECT WEB, in its capacity as Seller, as well as to any Buyer, for all sales of products offered on the website www.smoking.fr (hereinafter "PROJECT WEB SARL" and the website www.smoking.fr, collectively referred to as "the Site ").
The Buyer is any consumer-a natural person with full legal capacity to enter into a contract under these General Terms and Conditions-who orders a product offered for sale on the Site, in accordance with the specified procedure and for strictly personal use of the ordered product.
Placing an order for a product on the Site constitutes the Buyer's full and unconditional acceptance of these General Terms and Conditions, and the Buyer acknowledges having read them prior to placing the order. The applicable General Terms and Conditions are those in effect on the Site as of the date of the Buyer's order.
In any event, the Site encourages the Buyer to save and print these General Terms and Conditions.
These General Terms and Conditions are also supplemented by the "Privacy Policy."
The purpose of these Terms and Conditions is to inform all Buyers of the terms and conditions governing the sale and delivery of products ordered by the Buyer on the Site. They also set forth the respective rights and obligations of the Website, in its capacity as Seller, and of the Buyer, in connection with the sale of products offered on the Website.
Any use of the Website is governed by these General Terms and Conditions.
Any order placed on the Website is governed by these General Terms and Conditions.
The Site is available to all countries worldwide where the laws do not prohibit the purchase and use of the products for sale on the Site. In the event that the Site is wholly or partially illegal under the national law of the Buyer's country of residence, it is the Buyer's responsibility to refrain from accessing the Site from that territory or to access it from other territories where it is deemed legal.
Consequently, any person residing in France or outside French territory may enter into a contract with the Site, subject, in particular, to the application of differentiated rates for shipping and payment terms, which will be specified at the time of ordering. In any event, it is clearly stated to the Buyer that any customs duties and/or other taxes related to shipping or receipt, as well as any associated formalities, are the Buyer's sole responsibility; by placing an order on the Site, the Buyer declares that they have fully and prior to placing the order acknowledged these terms.
In the event that a country is not listed on the Site as a delivery area, and subject to the conditions set forth above, it is the User's responsibility to contact the Site to arrange a customized delivery option based on a quote, either by email (service-commercial@smoking.fr) or via the call center: +33 4 93 58 91 48.
By accessing this Site, all Buyers are subject to these Terms and Conditions.
Since the Site may offer tobacco accessories for sale, it is a material condition that the User declares having the legal capacity to enter into a contract under the terms described below-that is, being of legal age and not being under legal guardianship as defined in Articles 425 et seq. of the Civil Code.
Subscription to the services implies acceptance, without restriction or reservation, of the Terms and Conditions (checkbox to be selected when confirming the order). In the absence of such acceptance, the User may not use the Website's services.
Any use of the services by the User therefore automatically entails the application of these General Terms and Conditions.
The Site reserves the right to modify the General Terms and Conditions as necessary, in accordance with technical developments to the Site, changes in legislation, at its sole discretion. Use of the Site and the services offered thereon is always subject to the most recent version of the Terms and Conditions posted on the Site and accessible to the public at the time of such use. It is the Buyer's responsibility to review these Terms as often as necessary.
The Site may also make changes to editorial content and services-including pricing-at any time and without prior notice.
When using the Site, Buyers may be subject to any guidelines or rules posted on the Site and regarding the services offered there, which may contain terms and conditions that supplement these Terms and Conditions. All such guidelines or rules are deemed to be incorporated by reference into the Terms and Conditions.
Failure to comply with any provision of these Terms and Conditions automatically terminates the authorization to use the Site and results in the immediate closure of the Account. Any breach of these Terms and Conditions entitles the Site to refuse, in theprovide any services to the party responsible for the breach in the future, without incurring any liability on the part of the Site.
The Buyer is solely responsible for setting up the computer and telecommunications equipment necessary to access the Site. As such, it is the Buyer's responsibility to protect their technical equipment, in particular against any form of virus infection and/or attempted intrusion, for which the Site cannot under any circumstances be held liable. The Buyer remains solely responsible for the installation, operation, and maintenance of the technical equipment necessary to access the Site.
Under no circumstances shall the Site be held liable if the service offered by the Site proves to be incompatible with or malfunctions when used with certain software, configurations, operating systems, or equipment belonging to the Purchaser.
Furthermore, the Buyer is responsible for any telecommunications costs incurred while accessing the Internet and related to the duration of use of the Site.
Registration on the Site is free for the Buyer and can be completed at any time.
Registration is required when making the first purchase on the Site. The Buyer must provide an email address and choose a password.
A registration confirmation is sent by the Site to the email address provided by the Buyer.
To place an order, the Buyer agrees to fully complete the fields in the form on the Site and to provide complete, accurate, and reliable information in order to open an "Account."
The Buyer agrees to update, as soon as possible after any changes occur, the information provided to the Site, particularly regarding their billing address and shipping address. It is expressly agreed that the Buyer is solely responsible for the consequences of failing to update this information.
The Site reserves the right to request that the Buyer provide any written documentation verifying their status.
An Account is opened in the Buyer's name upon completion of the registration process on the Site. This account is personal to the Buyer, who may only access it using the registration email address and password.
The Buyer agrees not to disclose their registration email address and password to any third party.
The Buyer agrees to protect and keep confidential their registration email address and password.
The Buyer agrees to promptly notify the Site of any compromise, loss, or irregularity regarding their registration email address and/or password.
The Buyer acknowledges that any actions taken on their Account will be attributed to them once their registration email address and password have been activated, provided that no request has been made to revoke the compromised registration email address and/or password; this applies in particular to any purchase(s) made-even without the Buyer's knowledge-by a person using the Buyer's registration email address and password.
The Buyer is solely responsible for the consequences of disclosing their registration email address and password.
The Site undertakes to manage Buyers' Accounts and reserves the right to delete or suspend access to Accounts in the event of a violation of the rules of use set forth in these General Terms and Conditions or in the event of suspicion that the registration email address and/or password has been compromised.
The Buyer agrees not to create or use any Accounts other than the one created personally.
The Site operates a loyalty program that allows the Buyer to earn points with each order.
It is clearly understood that "order" refers to an order placed by the Buyer directly on the Site (excluding orders placed via third-party platforms or websites) that has been paid for, delivered, and marked as "delivered," and that has not subsequently been refunded, returned, or exchanged.
Subject to the definition set forth above, the Buyer earns one (1) point for each order. After accumulating five (5) points, the Buyer may, when placing their next order, access the "Gifts" section of the Site to select their gift, as the Site will remind them during the order process and confirmation.
It is clearly understood by the Buyer:
Upon registration, the Buyer may indicate the person who recommended the Site by entering their referrer's email address in the "Referrer" field.
Provided that the referrer is in fact a duly registered Customer of the Site and holds an Account, the referrer will receive, as a result of the referred customer's order, a credit in the amount of five (5) Euros once the referred Buyer's order appears with the status " delivered."
The referrer will be notified of this credit via an email sent by the Site confirming the referred Buyer's registration within six (6) weeks.
It is clearly understood by the Referring Buyer:
The Buyer may review the terms and essential characteristics of the product(s) on the Site that they wish to order by visiting the product page directly. For any questions or additional information, the Buyer should feel free to send an email to the Site (service-commercial@smoking.fr) or contact the call center at +33 4 93 58 91 48.
The Buyer may select one or more products from the various categories offered on the Site.
The product offers presented by and on the Site are valid while supplies last.
All product representations on the Site, such as, but not limited to, photographs, product descriptions/information, and graphics, are provided by the suppliers from whom the products are purchased. The Site will make every effort to ensure that the photographic representations of products on the Site are as accurate as possible to the products themselves. However, given the nature of digital product and service presentations on the Internet, the Customer's perception of the photographic representations of the products may not exactly match the product or service itself, particularly when the product is handcrafted (particularly pipes, where the wood grain and color may differ slightly from their presentation).
It is the Buyer's responsibility, based on the selected delivery zones, to verify-prior to confirming the order – the various available shipping methods for the delivery of the product(s), which vary depending on the delivery zone, as well as their rates, it being understood that, generally speaking:
After selecting a payment method from among those offered by the Site to the Buyer and clicking on "Confirm My Payment Method," the Buyer is deemed to have accepted these Terms and Conditions without reservation (mandatory checkbox), which include, in particular, the products and their specifications or warranties, prices, quantities, and shipping terms for the ordered products.
The Buyer acknowledges that, upon placing an order, he or she is obligated to pay the full amount due.
The Buyer's order will be confirmed by the Site via email to the address provided by the Buyer when creating their Account, which serves as confirmation of the essential terms of the order and the selected delivery method.
The sale is concluded and deemed final onlythe Site has received payment in full for the order, particularly in the case of payment by check or bank transfer.
To combat fraud, the Site reserves the right to ask the Buyer to provide a signed order confirmation and to make payment via bank transfer instead of by credit card or check. Similarly, the Site may request additional supporting documents at the time of order confirmation.
In the absence of cooperation, or if the documents provided by the Buyer do not allow the Buyer's account to be authenticated, the Site reserves the right to cancel the Order after notifying the Buyer via email.
In the event of fraud or a clear violation of the law (including counterfeiting, receiving stolen goods, or illegal importation), the Site is obligated to provide the competent authorities responsible under applicable law for prosecuting such fraud and violations with all documents, information, and records in its possession-including the registration email address and password selected, as well as the personal data of the Buyers concerned-that may be requested.
The total price paid by the Buyer is expressed as "All Taxes Included" (TTC) in Euros and includes:
The total amount owed by the Buyer must be paid at the time of ordering, and under no circumstances shall the amounts paid be considered a deposit or down payment.
The Site collects the total amount due for the order at the time the order is confirmed or upon receipt of the check or wire transfer, in the case of payment by check or wire transfer.
In any event, payment must be received by the Site within a maximum of TEN (10) days following order confirmation. Otherwise, the order will be canceled by the Site.
In the case of payment by check, the Buyer must indicate the order number on the back of the check. The check must be fully completed, signed, and made payable to " SMOKING.FR," and sent along with proof of identity (a copy of an ID card or passport) to: SMOKING.FR - 235 Allée Hector Pintus - 06610 La Gaude - FRANCE. Postage costs for sending the check to the Site shall be and remain the responsibility of the Buyer.
Payment by check is limited to 200 Euros.
In the case of a bank transfer, the Buyer shall transfer the amount of their order from their account to the account of SMOKING.FR, whose details are as follows:
As part of promotional offers, "flash sales," promotional codes, or discount coupons (hereinafter "discount codes" ), the Site may offer discounts to the Buyer. The Buyer agrees to review the specific terms and conditions applicable to each type of discount.
The Buyer acknowledges that discount codes may have a limited validity period, be restricted to certain product categories, and/or be subject to a minimum order amount.
In light of the terms and specific conditions associated with discount codes, and in the event that a discount code cannot be applied to an order placed by the Buyer, the Buyer agrees that the discount code in question cannot be used for that order. In such a case, the Buyer will be asked to pay the Site the total price of their order and may reuse their discount code for a future order, subject to the terms of validity dudit discount code.
The product offers covered by the discount code and offered by and on the Site are valid while supplies last.
It is clearly understood by the Buyer that the discount code must be entered in the field labeled " Do you have a promo code? " field in the shopping cart, which is accessible during the checkout process. If the code is not entered in the designated field, the Buyer may not claim use of the discount code and must reuse it for a future order within the validity period dudit discount code.
Under no circumstances may discount codes be combined on a single order.
The provisions of this section apply when the Buyer's order is paid for by the Buyer, delivered to the shipping address provided by the Buyer to the Site at the time of ordering, and shipped using one of the available shipping methods.
In the event that delivery cannot be made due to an incomplete or incorrect delivery address, the Site shall in no event be held liable, and the costs of delivery and any reshipment shall be borne in full by the Buyer based on the actual costs incurred for the reshipment. Any free or discounted shipping charges applied to the initial order will not apply to the reshipment.
It is clearly specified to the Buyer that, as a matter of principle, the Site reserves the right to retain all evidence regarding the shipment of the ordered product(s), in particular by taking a photograph of the package and its contents at the time of dispatch from the Site.
The Site bears the risks associated with transportation until the items are physically delivered to the Buyer or the recipient, subject to the express condition that the Buyer or the recipient inspect the items upon receipt, in the presence of the carrier, and, where applicable, in writing on the shipping or delivery slip, any necessary reservations in the event of observed damage.
The Site has fulfilled its obligation to sell as soon as the package is presented by the carrier or the postal service at the address specified by the Buyer.
The Buyer or the recipient receives the delivery at their home from the carrier and signs a delivery slip (except in exceptional cases of delivery without a signature). The digitized signature affixed next to the name, as well as its reproduction, serves as proof of delivery of the shipment, and the Buyer or recipient acknowledges that this signature has the same legal validity as a handwritten signature on paper.
Therefore, receipt of the product may not be entrusted to a third party other than the Buyer or the recipient, such as a doorman or neighbor. Otherwise, any third party receives the package in the name and on behalf of the Buyer or the recipient.
If the Buyer or recipient is not present, they will receive a delivery notice from the carrier. The Buyer may pick up the ordered products at the pickup location indicated on the delivery notice, within the specified time frame, upon presentation of a valid form of identification. It is the Buyer's responsibility to track the shipment of the package in their Account in order to be present or to pick up the package within the timeframes indicated on the delivery notice.
The Buyer is required to inspect, in the presence of the carrier, the condition of the merchandise's packaging and its contents upon delivery.
In exceptional cases of delivery without a signature, the Buyer is responsible for retaining the packaging of the goods and the package ; failure to do so will render any claim by the Buyer or the recipient inadmissible.
In the event that the Buyer has any doubts whatsoever regarding the condition or contents of their package, they are required to:
When the Buyer or recipient chooses to have the ordered items delivered to a pickup location, the same inspection procedures upon receipt apply as for home delivery.
Upon delivery of the package to a pickup location, the Buyer or recipient is required to inspect the condition of the package in the presence of the pickup location manager. If the package is damaged or if the contents do not match the order placed, the Buyer or recipient must:
The refused package will be returned to the carrier or the seller's website, and arrangements for a new delivery or a refund will be offered according to the Buyer's preference, in accordance with the provisions set forth in our Terms and Conditions.
If the package is accepted without a specific written reservation regarding its condition, it will be considered accepted as is by the Buyer or the recipient. No claims regarding the condition of the package or the product received will be considered at a later date.
It is essential to take photos of the package's exterior upon receipt and to keep them. For any claim, you will be asked to provide photos of the exterior to document the condition in which the package was delivered.
The website is committed to using reliable and reputable carriers to ensure that packages arrive in good condition at the pickup location. The Buyer is responsible for picking up the package within the timeframe specified by the pickup location; otherwise, the package will be returned to the seller's website, and the Buyer will be responsible for the reshipment costs.
Subject to availability, full payment, and receipt of the order amount, and depending on the delivery methods selected by the Buyer, the Site agrees to deliver the ordered product(s) on the dates indicated when the delivery method was selected.
The delivery time is calculated in business days (excluding the day the order is shipped) starting from the date the shipment is confirmed. The delivery date takes into account the time required for order preparation and shipping, plus the carrier's delivery time. In any event, the ordered product will be delivered within a maximum of THIRTY (30) days from the date of the order, except in the case of a special order, which will be explained to the Buyer and agreed upon with them.
It is the Buyer's responsibility to track the shipment of the package through their Account.
In the event of a request to cancel the order, the order will be fully refunded based on the total amount of the order for the products that could not be delivered. Conversely, if the products have been received, the order will be fully refunded upon return of the products in perfect condition for resale; these must be returned within a maximum of twenty (20) days from the date the Site receives the Buyer's request to cancel the order.
In the event of a delivery delay relative to the originally scheduled date, the Buyer must report this via email (service-commercial@smoking.fr) or by phone at +33 4 93 58 91 48 so that the Site can immediately initiate an investigation with the carrier.
Investigation times may vary depending on the carrier. If the product is located during this period, it will be immediately shipped to the delivery address specified in the order. While the investigation is ongoing, no changes can be made to the order status.
However, if the ordered product is not found by the end of the investigation period-which varies depending on the delivery country and the carrier – the Buyer will be asked to submit a declaration to the Site regardingnon-receipt, accompanied by a legible, double-sided photocopy of their ID. Once these documents have been received by the Site, the Site will, at its own expense, reship the products ordered by the Buyer if the Buyer requests it.
In the event of a product exchange, the Buyer is responsible for the shipping costs.
In the event of non-delivery of an order or part of an order within the timeframes indicated when selecting the shipping method at the time of placing the order, the Buyer has a maximum of fifteen (15) days (from the date of shipment from the Site's warehouses) to file a claim. Beyond this period, no claims related to loss will be accepted, particularly due to the carriers' limitation periods applicable to the Site.
If the Buyer does not receive the package, if the package is returned to the Site due to the Buyer's absence and/or failure to pick it up within the timeframes specified by the carriers, or in cases where delivery cannot be made due to an incomplete or incorrect delivery address, the Buyer hasa period of sixty (60) calendar days to request that the Site reship the product(s) at the Site's expense. An email to this effect will be sent to the Buyer.
The Site shall in no event be held liable, and the delivery costs for reshipment shall be borne entirely by the Buyer. Any free or discounted shipping costs associated with the initial order will not apply to the reshipment.
Unclaimed Products will be returned to stock once the period allotted to the consumer to contact the Site has expired.
The customer may subscribe to the "One-Year Premium Pack" service for a flat fee of 24.90 € for a period of one year starting from the date of payment for the order containing the "One-Year Premium Pack" product.
The "One-Year Premium Pack" is a paid service that allows the customer to avoid paying shipping fees for orders with a total amount (including tax) exceeding 25€ (excluding shipping costs) placed on the website www.smoking.fr and delivered via standard home delivery or Chrono Relais in Metropolitan France (excluding Corsica for Chrono Relais) during the term of the offer.
For orders with a total amount of less than 25€ including tax (excluding shipping costs), placed on the website www.smoking.fr and delivered via standard home delivery or Chrono Relais in Metropolitan France (excluding Corsica for Chrono Relais) during the duration dudit service, customers who have subscribed to the offer will benefit from a preferential shipping rate of 3.50€.
The "One-Year Premium Package" also entitles you to the following benefits:
- Exceptionally extended cancellation period of 21 days for subscribers
- Dedicated contact email for subscribers and priority customers
- Priority return processing
- Priority order processing
The service automatically ends one year after subscription. The customer will be notified of the offer's expiration date via email at the email address provided in their account. Provided that Smoking.fr continues to offer this service, the customer will then have the option to renew their subscription.
The cost of the service is non-refundable if the customer places no orders eligible for the service during the subscription period, or in the event of early termination prior to the subscription anniversary date.
Right of Withdrawal: In accordance with the provisions of Article L.221-18 of the French Consumer Code, the customer has 14 days from the date of subscribing to the "One-Year Premium Pack" service offer to exercise their right of withdrawal. If this period would normally expire on a Saturday, Sunday, or a public holiday or non-working day, it is extended until the next business day.
To exercise their right of withdrawal, the customer must notify Smoking.fr of their decision to withdraw before the deadline expires by means of an unambiguous statement, such as an email specifying the following information: name, address, phone number, order number, product code, item type, price, and quantities-or by using the form available on the website.
If the right of withdrawal is exercised within the aforementioned period, Smoking.fr will refund the Customer the amount of 24.90€, corresponding to the price of the offer. If products were shipped at the same time, the Customer will be responsible for the shipping costs, which will be deducted from the refund.
The refund will be issued via the same payment method used for the returned order, unless the Customer agrees with smoking.fr on a different method.
The price or terms of the offer may change at any time.
Smoking.fr reserves the right to terminate the service subscribed to by a customer for legitimate reasons, particularly in the event of a violation by the customer of the terms and conditions related to the service, in the event of an illegal or fraudulent act, or in the event of misuse of the service.
It is clearly understood by the subscribing Customer that the subscription to the offer is personal and exclusively linked to their account.
No right of withdrawal may be exercised by a buyer who is not a consumer.
In accordance with Article L.221-18 of the French Consumer Code, the Customer may exercise their right of withdrawal-that is, to cancel the purchase without having to provide a reason or pay any penalties. The Buyer has a period of FOURTEEN (14) days from the date of receipt of their order to submit their request for withdrawal via the online form "RIGHT OF WITHDRAWAL" (available under My Account > Order Details > "I wish to return a product "), which will be recorded by the Site and confirmed by an email sent to the Buyer along with a "return procedure" form on which the reason for the return-namely, withdrawal-will be checked.
If the Site does not receive the "return procedure," it is the Buyer's responsibility to resubmit their request to the Site and to do so, in particular, via email within the legal time limits for exercising the right of withdrawal.
Please note: Any product that has been personalized (including engraving), colored at the Buyer's request, embellished, or manufactured according to the Buyer's specifications is excluded from the scope of the consumer's right of withdrawal in accordance with Article L.221-28 of the Consumer Code.
The products in question must be returned to the Site in a condition that allows for resale in their original, undamaged state (including packaging, accessories, instructions, etc.), undamaged, and under no circumstances used, and must be accompanied by the "return procedure" form sent by the Site, following the instructions provided on that form. The labels sent by the Site must be affixed to the package or copied exactly, and the return number must be legibly written in red.
Products must be returned within fifteen (15) days. Return shipping costs are the responsibility of the Buyer.
It is expressly agreed that the product must not have been used; any product that is incomplete, damaged, or whose original packaging has been damaged or opened, will not be refunded. Warranty cards or any other documents relating to the product must not be filled out or annotated under any circumstances.
When exercising their right of withdrawal, the Buyer may request a refund for the product(s) in question or opt to receive store credit toward products offered for sale on the Site.
If a store credit is requested, the Site will notify the Buyer via email of the store credit's validity period.
In the event of a refund request, payment will be made within a maximum of FOURTEEN (14) days.
It is clearly understood by the Buyer that the right of withdrawal for the returned product(s) shall not apply if, in particular, the Buyer- the Buyer has exercised this right outside the legal time limits, if the product(s) are not accompanied by the return slip, or if the instructions specified in the "return procedure " have not been fully followed, if the package does not bear the labels sent by the website or exact copies thereof-which must be accompanied by the return number, if the product(s) are not covered by the right of withdrawal, if the product(s) are not in their exact original condition and with their individual packaging intact, if the product(s) have been opened and show signs of use, if the product(s) have been damaged, and, in general, if the product(s) are not in perfect condition for resale.
Warranty of Conformity:
The French Consumer Code provides the following regarding the legal warranty of conformity:
- Article L.217-4: "The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when- such packaging, assembly instructions, or installation was the seller's responsibility under the contract or was carried out under the seller's responsibility."
- Article L.217-5: " To be in conformity with the contract, the goods must:
1) Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- possess the qualities that a buyer may legitimately expect in light of public statements made by the seller, the manufacturer, or their representative, particularly in advertising or on labeling;
2) Or possess the characteristics defined by mutual agreement between the parties or be fit for any specific purpose sought by the buyer, which was brought to the seller's attention and which the seller accepted."
- Article L217-12: "The right to bring an action for lack of conformity expires two years from the delivery of the goods."
Warranty against hidden defects:
The French Civil Code provides the following regarding the warranty against hidden defects:
- Article 1641 of the Civil Code: "The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that so impair such use, that the buyer would not have purchased it, or would have paid only a lower price for it, had the buyer known of them."
- Article 1648 of the Civil Code: "An action arising from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for byArticle L.217-12 of the Consumer Code, the action must be filed, under penalty of forfeiture, within one year following the date on which the seller may be released from liability for apparent defects or nonconformities"
Implementation:
In accordance with the provisions of the legal guarantees of conformity and hidden defects, the Site undertakes, to the extent possible:
- either to replace the product with an identical product, subject to availability;
- either to exchange the product for one of equivalent quality and price, subject to availability;
- or to refund the price of the ordered product within 30 days of the Buyer's request if replacing it with an identical or equivalent product proves impossible;
- Or to refund a portion of the product's price if the Buyer decides to keep it (under the warranty against hidden defects).
Any product return under the manufacturer's warranty must follow this procedure:
- The Buyer must contact the Site's customer service department by email (service-commercial@smoking.fr) or by phone at +33 4 93 58 91 48.
- No returns will be accepted without prior authorization from the Site, which will send an email to the Buyer to inform them of the manufacturer's warranty and the return procedures outlined in the attached "return procedure."
Any returned product must strictly follow the rules set forth in the "return procedure" and be accompanied by the "return procedure"; The labels from the packing slip must be affixed to the package or reproduced exactly, and must be accompanied by the return number written legibly in red. Otherwise, no product returns will be accepted by the Site.
- Products must be returned in the condition in which they were received, with all components included, in packaging that ensures safe transport. Shipping costs will be reimbursed based on the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts, excluding DHL and private carriers. The risks associated with returning products remain the responsibility of the Buyer.
PLEASE NOTE: Products that have been modified, repaired, integrated, damaged, or soiled by the Buyer are excluded from the warranty. The warranty does not cover apparent defects. The warranty does not cover products damaged during shipping or due to misuse. In the event of abusive returns, the company reserves the right to refuse any future orders.
Please note that under the legal warranty of conformity, the consumer:
- has a period of two years from the date of delivery of the goods to take action against the seller;
- may choose between repair or replacement of the goods, subject to the cost conditions set forth in Article L. 211-9 of the Consumer Code;
- is exempt from providing proof of the existence of a lack of conformity of the goods for a period of 24 months.
It is noted that the consumer may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code, and that in such a case, they may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
The provisions of this article do not prevent the Consumer from exercising the right of withdrawal.
For any inquiries regarding statutory warranties, the Buyer must contact Customer Service by email (service-commercial@smoking.fr) or by phone at +33 4 93 58 91 48 (no surcharge) during business hours.
The products offered for sale on the Site are covered by a manufacturer's warranty, and all related information-including the warranty period-is made available to thePurchaser on the Site as well as in the product manual. When placing an order, the Purchaser is deemed to have read and accepted all information regarding the product.
Any product return under the manufacturer's warranty is subject to the Site's prior approval. To this end, the Buyer must contact the Website's customer service department by email (service-commercial@smoking.fr) or by phone at +33 4 93 58 91 48. No returns will be accepted without prior authorization from the Site, which will send an email to the Buyer to inform them of the manufacturer's warranty and the return procedures in accordance with the attached "return procedure."
The costs and risks associated with returning products are the responsibility of the Buyer.
All returned products must strictly follow the rules outlined in the "return procedure," and must be accompanied by the "return procedure"; the labels from the packing slip must be affixed to the package or reproduced exactly, and must be accompanied by the return number written legibly in red. Otherwise, no product return will be accepted by the Site.
It is expressly agreed that the Site is subject to an obligation of means.
The Site undertakes to use all means at its disposal to ensure, under optimal conditions, the performance of the services for which it is responsible.
The Site reserves the right to suspend access to the Site whenever it deems it necessary due to an event likely to affect its operation or integrity, or for maintenance purposes, for the duration required to carry out the planned intervention. In the event of scheduled maintenance, the Site agrees to notify the Buyer as soon as possible on the Site's homepage or by any other means at its discretion, as soon as it becomes aware of the scheduled maintenance dates, and to minimize downtime during the day. However, the Site shall in no event be held liable for such suspension, and it shall not give rise to any right to compensation.
The Site disclaims all liability with respect to the use made of the Site by Buyers.
In any event, in the event of a judgment against the Site, for any reason whatsoever, the cumulative amount of damages to which the Site may be ordered to pay is expressly limited to the amounts actually received by the Sitein connection with the services for which liability has been acknowledged, up to the amount received in connection with the Buyer's order(s).
Under no circumstances shall the Site be liable for damages such as, in particular: financial loss or loss of computer programs suffered by the Buyer that may result from the non-performance of these General Terms and Conditions, which damages are, by express agreement, deemed to be indirect damages.
Any action brought against the Buyer by a third party is deemed to be indirect damage and, consequently, does not give rise to a right to compensation.
The Site shall in no event be liable for damages resulting, even partially, from a total or partial failure by the Buyer to perform its obligations, nor for any indirect damages, even if it was aware of the possibility of such damages occurring.
The Site shall not be liable and shall not be deemed to have breached its obligations in the event of a failure to perform all or part of such obligations or a disruption in their performance if such failure is due to a force majeure event or an act by the Buyer or a third party. In such a case, the Site will notify the Buyer and work with the Buyer to determine the measures to be taken to remedy the situation.
The Buyer warrants and agrees to indemnify the Site against any damages suffered by the Site and against any liability claims brought against the Site based on a breach of these Terms and Conditions and/or any third-party rights.
The Site assumes no obligation or liability for any delays, alterations, or other errors that may occur in the transmission of messages from the Site when such events result from the use of networks or a failure on the part of the Buyer.
The Site shall not be held liable for any fraudulent use by a third party of the Buyer's email address and password. Hyperlinks on the Site may direct users to other websites; and the Site shall in no event be held liable for any damages resulting from the use of such links, the inability to access the linked sites, or the content or actions of those sites.
The Site assumes no obligation or liability regarding the form, sufficiency, accuracy, authenticity, falsification, or legal effect of the data transmitted to access the Site.
The Site is not responsible for the unavailability of networks that are not entirely under its direct control, nor for any modification, suspension, or interruption of its services.
The Buyer is required to perform all necessary backups; accordingly, the Site shall not be held liable for any loss of data or files.
To use the Site's services, the Buyer may be asked to provide certain information when creating an account, including but not limited to first and last name, date of birth, country, email address, or any other information concerning the Buyer. If the Buyer does not wish to provide this information, the Site advises against using the services that require it.
The Site uses the information provided to supply the Buyer with services related to the Buyer's orders, including but not limited to tracking requests for products and services, delivery of orders, tracking of technical issues, communication of information regarding promotional offers and contests (such as newsletters), and satisfaction surveys.
The Site undertakes to comply with the provisions of the French Data Protection Act (available at www.cnil.fr) and the GDPR for all processing of personal data carried out in connection with the operation of the Site.
The Buyer expressly agrees that the Site may process their personal data for the proper functioning of the Site, as specified and explained transparently in the privacy policy.
Personal data relating to the Buyer that is transmitted to and held by the Site complies with current applicable law regarding personal data and may not be disclosed without the Buyer's prior consent.
In accordance with the French Data Protection Act of January 6, 1978, as amended, and the GDPR, the Buyer may
- request a copy of the personal data held about them;
- notify the Site of any changes to their personal data;
- request to modify or correct any personal data held about them;
- request that your personal data be erased, deleted, blocked, or that its processing be restricted;
- object to the processing of your personal data;
- request data portability effective May 25, 2018.
For any request regarding the exercise of the rights listed above or in the event of a complaint, you must contact the Data Protection Officer, specifying the subject of the request, your email address, last name, first name, and mailing address, along with a copy of your ID):
- By email at dpd@project-web.fr;
- By visiting the "Contact" section of the Website: https://www.smoking.fr/contact_us.php
- By mail to the following address:
Smoking.fr
Data Protection Officer
235 Allée Hector Pintus
06610 La Gaude (France)
A response will be provided within a maximum of one (1) month following the date of receipt of the request.
However, in the event of a request to delete your data and/or if you exercise your right to request the erasure of your data, the Site may retain it in an archive for the period necessary to comply with its legal, accounting, and tax obligations.
Cookies
See the Data Protection Policy
Information about Oneytrust: Oneytrust processes data related to your transaction to secure transactions made on the website. Learn more about how Oneytrust manages your data and your rights: https://oneytrust.com/mention-information-score/
All elements of the Site, including its graphic design, trademark, domain name, database, and data, are protected by copyright laws, database producer rights, and industrial property laws. Any unauthorized use of the Site's elements may constitute a violation of these laws. The Site does not grant Users any express or implied rights to software, patents, copyrights, databases and data, trademarks, or trade secrets relating to the elements of the Site. Only a right to use the elements of the Site is granted for the purpose of using the Site.
Unless expressly provided for in these Terms and Conditions, no element of the Site may be reproduced in any form or by any means without the Site's written authorization. Similarly, the User shall refrain from:
The Site and the Buyers shall not be held liable for any delay in the performance of their obligations or for any failure to perform their obligations under these General Terms and Conditions when the circumstances giving rise thereto constitute force majeure within the meaning of Article 1148 of the Civil Code.
In addition to those generally recognized by the case law of French courts, the following are expressly considered cases of force majeure or unforeseeable events, as set forth in the contractual provisions contained in these Terms and Conditions:
Total or partial strike, lockout, riot, civil unrest, insurrection, civil or foreign war, nuclear risk, embargo, confiscation, seizure, or destruction by any public authority, inclement weather, epidemic, disruption of transportation or supply chains for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to marketing practices, unforeseeable disruption of electronic communications-including electronic communications networks-by the Site that calls into question the norms and standards of its profession, and any other event beyond the control of the parties that prevents the normal performance of the obligations arising from these Terms and Conditions.
Initially, events of force majeure shall suspend the performance of these General Terms and Conditions as of the receipt of a letter with acknowledgment of receipt that precisely identifies the event in question. If the force majeure event lasts for more than forty-five (45) days, the contractual relationship shall be automatically terminated, unless otherwise agreed by the parties.
In accordance with Articles 1365, 1367, and 1368 of the Civil Code in effect as of October 1, 2016 (formerly Articles 1315 of the Consumer Code and 1316-2), the Site and the Buyers agree to establish, within the framework of e-commerce services, the rules governing the evidence admissible between them in the event of a dispute and its probative value. The following provisions thus constitute the evidence agreement entered into between the parties, who undertake to comply with this article.
The Site and the Buyers agree that, in the event of a dispute, email addresses, login logs, and passwords used in connection with the Site and Accounts, as well as emails exchanged and Buyer account data, are admissible in court and shall serve as evidence of the data and facts they contain.
The Site and Buyers agree that, in the event of a dispute, emails, photographs, and proof of weight shall constitute evidence of acceptance of these General Terms and Conditions of Sale, as well as the existence of the order and package-in particular through the photograph taken at the time of the package's preparation and shipment.
The Site and the Buyers agree that, in the event of a dispute, data and connection logs relating to actions performed from their accounts are admissible in court and serve as evidence of the data and facts they contain.
The Site and the Buyers agree that, in the event of a dispute, these documents, information, and records shall serve as evidence, in particular, of the date and content of the offer and the order, regardless of the amount involved.
The Site reserves the right to have all or part of the services related to the distribution and sale of Products on the Site performed by any other company of its choice as a subcontractor, with each party remaining solely liable to the other.
Any notification required under the terms of the contract must be made to the other party in writing, by certified mail with return receipt requested (LRAR), or by any other means for which receipt can be proven (DHL, Chronopost, Registered Letter hybride, Dépomail, ...), to the Website's address (service-commercial@smoking.fr) or to any other address that either PARTY may subsequently provide to the other in writing in accordance with this section. Such notice shall be deemed received by a PARTY on the first business day following its first presentation to that PARTY.
For the performance of the contract and any matters arising therefrom, the PARTIES hereby elect domicile at their respective headquarters or addresses, as indicated at the beginning of this agreement.
The PARTIES acknowledge that the contract, the Annexes to these General Terms and Conditions, and any amendments thereto constitute the entire agreement between them with respect to the fulfillment of the purpose hereof and supersede all prior agreements and proposals having the same purpose, regardless of their form.
This contract consists of the following contractual documents:
Any claim by the Buyer must, under penalty of forfeiture, be sent by certified mail with return receipt requested to the signatory of the contract within EIGHT (8) days following written notification of the discovery of the event giving rise to said claim.
If one or more provisions of these General Terms and Conditions are found to be or become wholly or partially invalid, this shall not affect the validity of the other provisions of these General Terms and Conditions.
The Buyer is hereby informed that the Site may, in any event, freely cease to operate the Site, sell it, and/or transfer it, without Buyers being entitled to assert any rights whatsoever, particularly with regard to their account and any loyalty points.
These General Terms and Conditions are governed by French law.
The Buyer may review their rights at any time at the following addresses:
In the event of a dispute, the consumer may seek the assistance of a consumer mediator pursuant to Order No. 2015-1033 of August 20, 2015, regarding the out-of-court resolution of consumer disputes. After writing to Smoking.fr, the consumer may refer the matter to the Mediator's Office for any consumer dispute that has not been successfully resolved: MEDIATION - VIVONS MIEUX ENSEMBLE - 2 impasse de Beauregard - 54000 NANCY / http://www.mediation-vivons-mieux-ensemble.fr
Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform to facilitate the independent, out-of-court resolution of online disputes between consumers and businesses in the European Union. This platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
