You are currently connected to the "https://www.calumette.com" website. The purpose of this document is to inform you about the company and its General Terms and Conditions of Sale, which apply to all orders placed on the "https://www.calumette.com" website (hereinafter referred to as "the Site").
These General Terms and Conditions of Sale are entered into between :
- CALUMETTE, located at 25 rue de l'Europe - 44240 La Chapelle Sur Erdre - France.
SIREN / RCS Nantes 791 403 348, European VAT number FR32 791 403 348.
Hereinafter referred to as "CALUMETTE".
And, on the other hand
- Any individual or legal entity wishing to make a purchase via the "https://www.calumette.com" Website.
Hereinafter referred to as the "Buyer" or the "Customer".
The parties agree that their relationship will be governed exclusively by this contract, to the exclusion of any conditions previously available on the Site. However, if a condition is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
The Customer acknowledges that, prior to placing the order, he/she has read all of the aforementioned information and the General Terms and Conditions of Sale, and has accepted them without restriction or reservation.
Scope of application :
The purpose of these General Terms and Conditions of Sale is to define the contractual terms and conditions (Rights and Obligations) between CALUMETTE and the Buyer, whether the latter is a professional or a consumer, in the context of the sale of products by CALUMETTE, carried out through its merchant Site: https://www.calumette.com.
This contract complies with current French regulations, and more specifically with Law 2004-575, known as the Law for Confidence in the Digital Economy. It also complies with the recommendations of the OECD in the field of e-commerce, as well as with the provisions of the Châtel law, which came into force on 1st June 2008.
Important: the present contract consists of these General Terms and Conditions of Sale and the order form.
Duration of application and amendments to the General Terms and Conditions of Sale :
These General Terms and Conditions of Sale are valid from 5 June 2020. This edition cancels and replaces all previous versions.
CALUMETTE reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without prior notice. In the event of modification, the General Terms and Conditions of Sale in force on the date of the order will be applied to each order.
The Purchaser must be at least eighteen (18) years of age, be legally capable of entering into a contract and use this Site in accordance with the General Terms and Conditions of Sale.
The resale or distribution of products purchased on https://www.calumette.com is forbidden, unless an agreement is signed by both parties.
The Products sold by Calumette are e-cigarettes and their consumables and accessories, hereinafter referred to as the "Products".
- These products are prohibited for sale to persons under the age of 18. By ordering on this Site, you certify that you are over 18 years of age.
- These products are not recommended for pregnant or breast-feeding women and other people with cardiovascular problems. If you are pregnant, breastfeeding or have cardiovascular problems, do not order or purchase the Products.
- At present, the e-cigarette is not officially recognised as a method of quitting smoking. The Products for sale on the Site cannot therefore be officially considered as constituting an aid to stop smoking, nor an alternative to conventional cigarettes, nor a pharmaceutical product.
- At the present time, no scientific study has been conducted to prove that the Products are completely harmless, or that they may be dangerous in the context of normal use. CALUMETTE therefore makes no commitment in this regard, and the purchase and use of Products remains the responsibility of the Buyer.
- The Products sold by CALUMETTE are intended for vapor inhalation. Certain Products are based on Propylene Glycol and/or Vegetable Glycerin, with additives. There are currently no scientific studies to provide a clear picture of the possible side effects associated with the inhalation of these materials. The Buyer acknowledges that he/she uses these Products at his/her own risk. CALUMETTE cannot be held responsible for any health or sanitary problems caused by its Products.
- Keep the products sold on this Site out of the reach of children.
- Do not allow e-liquids to come into contact with the skin or ingest them.
- E-liquids do not have the exact taste of a real cigarette.
- E-liquids do not contain tobacco.
- The Buyer is expressly informed that Calumette is not the manufacturer of the Products. Therefore, in the event of damage caused to a person or property due to a defect in the Product, only the manufacturer of the Product may be held liable by the consumer.
- Calumette in no way promotes smoking. Smoking "classic" cigarettes (also known as "killer" cigarettes) is very harmful to your health and those around you. Smoking kills.
The products and services offered by Calumette are presented on its Site in the French main language, and in additional languages. Any national of the European Community and of countries complying with Directive 95/46/EC may not invoke his or her lack of linguistic proficiency as a clause for cancellation of the contract.
Product offers and prices are valid as long as they are visible on the Site, within the limit of available stocks.
The photographs are as accurate as possible, but are not contractually binding and cannot reflect all of the characteristics of the Products, particularly with regard to colours and dimensions.
The dimensions and weights of the Products are given purely as an indication and are not contractual.
Prices are given inclusive of VAT in EUROS.
In the event that Products are unavailable after the order has been placed, the Customer will be informed by e-mail or telephone as soon as possible. CALUMETTE will offer to supply a similar product at the same price. If this is not accepted, and if the payment has already been debited, the Customer will be refund within a maximum of thirty (30) days.
Due to the specific nature of the Internet, Calumette does not guarantee the availability of all products and services on its Site in real time. For products not stocked in its warehouse, the offers appearing on the Site are valid subject to availability from the supplier.
In this context, information on the availability of products is provided when the order is confirmed. As this information comes directly from the suppliers, any errors or exceptional modifications are beyond the control of Calumette and cannot incur its liability.
CALUMETTE reserves the right to cancel an order containing large or obviously abnormal quantities, in view of personal consumption requirements.
Any order form signed by the Customer by "double-clicking" constitutes an irrevocable acceptance that may only be challenged in the cases exhaustively provided for in this contract.
The "double click", combined with the authentication and non-repudiation procedure and the protection of message integrity, constitutes an electronic signature within the meaning of article 1316-4 of the French Civil Code.
Any agreement to a quote sent by e-mail to the Buyer, and returned to Calumette with explicit agreement, also constitutes irrevocable acceptance.
The Buyer who wishes to purchase a product online must follow the procedure described below. The Buyer must complete the online order form, giving all references for the products chosen, as well as the quantities desired, as follows:
- Place the product(s) you wish to purchase in the cart;
- Open the cart;
- Then click on "Checkout" (the first step of your order);
- Enter your personal details (the second step);
- Choose the method of payment and delivery (the third step);
- Confirm your order and accept the terms by clicking on "Confirm order" (the fourth step);
- You will then receive confirmation of your order (the fifth step).
The information and details provided by the buyer at the time of ordering are binding. In the event of input error(s), Calumette shall not be held responsible for the consequences thereof or for the impossibility of ensuring delivery. The present clause is applicable in the event of a delay or error in delivery: in this case, all costs incurred by Calumette for the reshipment of the order will be entirely at the Buyer's expense.
The Buyer checks the details of his/her order and its total price before final validation. The Buyer may correct any error before confirming the order.
Confirmation of the order implies acceptance of the General Terms and Conditions of Sale, acknowledgement of having had full knowledge of them and, where applicable, waiver of the right to invoke its own terms and conditions of purchase or other terms and conditions.
All orders placed with Calumette must be confirmed by Calumette in order for the order to be definitively accepted.
CALUMETTE reserves the right to cancel any order from a Customer with whom there is a dispute over payment of a previous order, or in other cases provided for in this contract.
Confirmation of the order will be sent by e-mail to the Purchaser as soon as possible, subject to the Purchaser providing a valid e-mail address that is not subject to any restrictions on use (such as a business e-mail address). In this specific case, Calumette shall not be held responsible for the non-receipt of the order confirmation, which includes all contractual information and constitutes proof of the transaction.
Prices are valid as long as they are visible on the Site, within the limit of available stocks. CALUMETTE reserves the right to modify prices at any time and undertakes to apply the rate in effect on the date the order is validated, subject to the availability of the product ordered on that date.
Prices are given in euros, inclusive of all taxes. They take into account the VAT applicable on the day of the order. They do not include delivery charges, which are invoiced in addition and will be indicated in the order confirmation.
Calumette only accepts the following methods of payment:
- By credit or debit card (Carte Bleue, Visa, Eurocard/Mastercard), by entering the card number without spaces between the digits, its expiry date, and its control code directly in the area provided for this purpose (entry secured by SSL encryption);
- By crossed bank cheque, to be sent to our head office, writing the order number on the back of the cheque. In the event of payment by cheque, Calumette may request proof of identity, and may cancel the order in the event of doubt as to the solvency and regularity of the cheque.
Depending on the characteristics of the order (amount, country of delivery or invoicing or from which the Customer is connected to the site, etc.), Calumette reserves the right to modify the list of payment methods offered at the payment method selection stage, when the Customer confirms the order.
The Customer warrants to Calumette that he/she has the necessary authorizations to use the payment method used when validating the order form.
For credit card payments, certain verifications may be performed by Calumette. The purpose of this automated data processing is to define a level of analysis of a transaction and to combat credit card fraud.
Calumette is the sole recipient of data related to the Customer's order. The non-transmission of data relating to the order prevents the analysis and therefore the completion of the purchase.
The occurrence of an unpaid order due to fraudulent use of a means of payment will result in the blocking or closing of the Customer's account, and the registration of the contact information related to the order associated with this unpaid order in a payment incident file. An irregular declaration or anomaly may also be subject to specific processing.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify and object to all your personal data at any time by writing to our head office, providing proof of your identity.
Orders will only be shipped once payment has been received and cleared in full.
No partial payments will be accepted; orders must be paid for in full at the time of ordering.
When an order is placed, the products ordered are reserved for a maximum of 7 days. After this period, the products are put back on sale and may no longer be available once payment has been received and cleared. In this case, Calumette will offer either similar products or a refund within thirty (30) days.
Products delivered to the Customer remain the property of Calumette until the Customer has paid the full price of the order in principal and accessories. Payment within the meaning of this clause is understood to be the actual collection of the price by Calumette.
On the other hand, the transfer of risks takes effect upon the actual delivery of the products ordered.
Documents provided to the Customer are governed by the French Intellectual Property Code. They therefore remain the property of Calumette. It is therefore forbidden to reproduce, transfer or exploit the documents provided without the written and signed consent of CALUMETTE.
CALUMETTE reserves the right to refuse the order for a "legitimate reason" (as defined by jurisprudence), and in particular (without this list being limitative) in the event of the unavailability of of the product, abusive request from the Customer, presumed impossibility for the Customer to enter into the contract or to honour the payment, or manifest intention on the part of the Customer to harm Calumette.
Calumette also reserves the right to refuse an order in the event of an obvious typographical error resulting in a "low price" being displayed at the time the Customer places the order.
In any event, Calumette undertakes to process the order as quickly as possible in order to deliver the products ordered on the date indicated on the order form.
An invoice is automatically created after payment of the order, and is available in the customer account on the website. It can be sent to the customer on request.
A delivery note is sent to the customer with the Products, unless the customer specifies otherwise.
After confirmation of the order, CALUMETTE undertakes to deliver to the Customer all products ordered within a maximum of thirty (30) days for delivery in France, except in cases of force majeure. For the rest of the world, the delivery time is extended by postal delivery times beyond our control.
The delivery address may be different from the Buyer's billing address.
The carrier's online tracking system is authoritative: as soon as the tracking system indicates a status such as "distributed" or "delivered", the order is considered to have been effectively delivered and no action on the part of the Buyer may then be considered.
The Products are delivered to the delivery address indicated by the Buyer. Any costs arising from address errors will be borne by the Buyer.
In the event of delivery outside of France, any customs fees shall be borne by the Purchaser. Calumette cannot be held responsible for delays, seizures or customs blockages.
The Customer may terminate the sales contract by registered letter with acknowledgement of receipt if the delivery date is exceeded by more than thirty (30) days and is not due to force majeure. This agreement shall, if applicable, be deemed terminated upon receipt by Calumette of the registered letter by which the Customer informs Calumette of this decision, if delivery has not occurred between the sending and receipt of such letter. The Customer may exercise this right within sixty (60) business days from the date indicated for delivery of the product.
If the recipient of the order is absent at the time of delivery, the carrier will leave a calling card and the Customer or the recipient will have a period of fifteen (15) days to collect the parcel in accordance with the procedure indicated on the calling card. Once this period has elapsed, the order will automatically be returned to Calumette, which will contact the Customer again to define the conditions of a possible reshipment. The cost of processing this new delivery will then be invoiced to the Customer.
Delivery times are given as an indication only by the delivery company (La Poste or other), and Calumette may not be held responsible for any delay on the part of the delivery company. Orders in the process of being delivered cannot be cancelled or reimbursed.
No returns for cash on delivery will be accepted.
Shipping costs are calculated according to the type of service chosen and the total weight and price of the Products purchased. Please refer to the delivery section of the https://www.calumette.com website.
All orders will be accompanied by a summary document (as required by article L 121-19 of the French Consumer Code) which includes the following information
- identification and contact details of the company
- delivery charges
- payment and delivery terms
- the essential characteristics of the product
- the price
- the address for complaints
- after-sales service information
As a reminder, any defect or delay in delivery of more than thirty (30) days must be reported to our Customer Service department as soon as possible.
In the event of late delivery, an e-mail will be sent to you. In this case, as long as the product has not been shipped, you can always cancel your order. You will then be refunded immediately if your account has been debited.
If you receive the product after cancelling your order, you must return it to us complete and in its original condition so that we can proceed with refund on receipt.
You must check the conformity of the goods delivered at the time of delivery and before signing the carrier's delivery note.
You must indicate on the delivery note, in the form of handwritten reservations accompanied by your signature, any anomaly concerning the delivery (open package, damaged product, "the deliveryman did not want to wait to unpack the item", etc.). This verification is considered to have been carried out once the Customer, or a person authorised by the Customer, has signed the delivery note.Productss travel at the risk and peril of Calumette (as of 14 June 2014), which must reship the order if it is declared lost by the carrier (and from the moment the carrier declares it lost).
In accordance with article L121-20 of the French Consumer Code, the Customer has a period of fourteen (14) clear days in which to exercise his/her right of withdrawal without having to justify his/her decision or pay any penalties, with the exception, where applicable, of the cost of returning the goods. The fourteen (14) day period runs from the date of receipt of the products ordered.
However, the Customer may not exercise this right in the following cases:
- Supply of a service whose performance has begun or has been completed before the end of the fourteen (14) day period.
- Supply of goods made to the consumer's specifications or clearly personalised or which, due to their nature, cannot be returned or are likely to deteriorate or expire quickly.
The Products returned must not have been opened, unwrapped, used or damaged in any way. Otherwise, the return will not be accepted and no refund will be made.
Please note that e-liquids do not fall within the scope of the right of withdrawal, for reasons of product safety.
Customers wishing to exercise their right of withdrawal must first inform Customer Services by completing the withdrawal form (click here). The Customer will then receive an acknowledgement e-mail, which must be enclosed with the parcel, with notification of the returns number and the address to which the product must be returned.
Packages will not be accepted if there is nothing attached to identify the sender (order number, surname, first name, address).
The costs and risks associated with the return of the goods shall be borne by the Customer who sends them. The return of the product(s) will give rise to a refund equal to the purchase price of the product(s) purchased, excluding delivery costs.
In the event of non-conformity of the order, the Customer may return the product(s) received. In this case, for the return to be accepted, the Customer must first inform Customer Services and return the products in perfect condition, in their original state and packaging, as soon as possible.
The product(s) must be returned, together with the purchase invoice, to our Customer Service.
The returned product will be refunded or exchanged depending on your request and available stock. If a refund is required, it will be made within thirty (30) days of receipt of your return. The cost of returning the product may be refunded upon presentation of proof.
The Products sold by CALUMETTE are covered by the legal warranty for hidden defects, as defined in Article 1641 et seq. of the French Civil Code, which states: "The seller is liable for any hidden defects in the item that render it unsuitable for the use for which it was intended, or that render it unsuitable for the use for which it was intended, or which diminish this use to such an extent that the buyer would not have purchased it, or would only have paid a lesser price for it, had he or she been aware of them".
The products sold by Calumette comply with the regulations in force in France.
CALUMETTE does not guarantee the Customer for any harmful consequences that these hidden defects may have caused.
In the event of non-conformity of a Product, it may be returned to Calumette, after prior notification to Customer Service. The Product will then be exchanged, or if unavailable, refunded within thirty days.
Chargers (wall plugs, cables) and batteries are guaranteed for 2 months.
Consumables are not guaranteed (cartridges, cartomizers/clearomizers, e-liquid, atomizers, resistors, wicks).
This guarantee does not apply to any equipment that has been used with another product not purchased from Calumette.
Naturally, if a Product does not function normally on first use, it will be exchanged or, if unavailable, refunded within thirty days. Return shipping costs are the responsibility of the Buyer.
E-liquids cannot be exchanged, for safety reasons (risk of insertion of a foreign substance by a third party).
For any information or questions, our Customer Service department is at your disposal.
- By telephone on +33.2 85 52 98 84 during business hours.
- By email from the "Contact" page of the Site.
- By post: CALUMETTE - Customer Service - 25 rue de l'Europe - 44240 La Chapelle Sur Erdre - FRANCE
CALUMETTE shall in no event be held responsible for the non-execution of an order in the event of force majeure. By express agreement, the following are also considered to be cases of force majeure unavailability of the product, disruptions, strikes (particularly of transporters), epidemics, pandemics, theft or fire of Calumette's stock, theft or loss by the transporter, natural disasters, war, riots, fire, shortage of stock, etc.), any other natural disaster, even if the conditions of unpredictability, irresistibility and exteriority are not met.
With respect to products purchased to satisfy professional needs, Calumette shall not be held liable for any indirect damages, operating losses, loss of profit, damages or expenses that may arise as a result of these products.
The CALUMETTE Website uses secure payment with the SSL (Secure Socket Layer) / TLS protocol to encrypt the Customer's bank details.
All orders placed on the Website may be checked by Calumette.
In this context, Calumette may ask the Buyer to provide all proof required to complete the order, such as identification, proof of address, etc...
Any such requests will be made by e-mail or telephone.
The "Double Click" associated with the Customer's authentication and non-repudiation procedure when placing an order and accepting these General Terms and Conditions of Sale constitutes an electronic signature within the meaning of article 1316-4 of the French Civil Code, which states:
"When it is electronic, it consists of the use of a reliable identification process guaranteeing its link with the act to which it relates. The reliability of this process is presumed, in the absence of proof to the contrary, when the electronic signature is created, the identity of the signatory is assured and the signatory's identity is confirmed. The reliability of this process is presumed, until proven otherwise, when the electronic signature is created, the identity of the signatory is assured and the integrity of the document is guaranteed, under conditions laid down by decree in the Conseil d'Etat."
To place an order, the Buyer first clicks to add each Product to the cart, then, after filling in the order details, clicks to confirm the order. The order can only be registered if the Buyer ticks the acceptance box for these General Terms and Conditions of Sale.
In the online sales process, Calumette is bound only by an obligation of means; it may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service, or other involuntary problems.
CALUMETTE may not be held liable for damages of any kind, whether material, immaterial or bodily, that may result from improper operation or misuse of the products marketed. In any event, Calumette's liability shall be limited to the amount of the order and shall not be held liable for simple errors or omissions that may have occurred despite all the precautions taken in the presentation of the products.
The computerised registers, kept on Calumette's servers and on the servers of its banking establishments, will be considered as proof of the communications, orders and payments that have taken place between the parties. In particular, Calumette retains the date, time and IP address of each order, as proof if required.
Transaction data is archived on a reliable and durable medium, in accordance with Article 1348 of the French Civil Code.
Calumette respects your privacy, collects only the information necessary for your customer experience, and ensures the confidentiality of Customer data. Personal data is processed in accordance with the RGPD (General Data Protection Regulation). In particular, the Customer has the right to rectify, delete and port your personal data by writing to CALUMETTE at its registered office.
In accordance with the laws governing Intellectual Property (literary and artistic property rights, industrial property rights), this Site and all the elements, trademarks, designs, models, logos, graphics, etc., found on this Site are the exclusive property of CALUMETTE and its partners, who grant no licence or right other than that of consulting the Site.
The reproduction or use of all or part of these elements is authorised solely for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes an infringement and is punishable under Intellectual Property law, unless prior written authorisation has been obtained from Calumette.
The purpose of customer reviews is to gather the opinions of Calumette's customers, in order to enlighten other Internet users or customers, and to participate in the continuous improvement of the quality of service provided by Calumette.
- Calumette never creates customer reviews on its own.
- All customer reviews ("Calumette reviews" and "product reviews") are expressed exclusively by customers who have made a purchase from Calumette and for whom the order has been shipped or picked up on site.
- All "chat reviews" are expressed exclusively by internet users who have had the experience of a chat with Calumette.
- Customer reviews are displayed in chronological order, from the most recent to the oldest.
- All customer reviews are displayed, whether positive or negative.
- Customer reviews are displayed in their entirety.
- A right of reply from Calumette may be displayed with each customer review. This right of reply may also be sent by email to the Customer in order to inform him of it.
- The average score is not weighted; all reviews have the same weight in calculating the average score. It is displayed transparently by simply calculating: sum of the ratings of published reviews / number of published reviews.
Customer reviews are subject to a moderation process in order to guarantee Calumette's responsibility.
Spelling or grammatical errors as well as illegible characters in review comments may be corrected. However, Calumette never changes the rating given by the customer, and Calumette never hides any part of the text.
In accordance with the recommendations of the AFNOR NF Z74-501 standard on customer reviews, reviews may be rejected and not published in the event of :
- personal data enabling a person to be identified and likely to lead to identity theft (surname, first name, telephone number, address, email address, bank card, social security number, bank account, etc.)
- presence of insult or coarseness
- rating that clearly does not correspond to the comment
- comment with random characters or badly written to the point of being unintelligible
- review identified as aiming to bias the average of a product or Calumette
- content of the review unrelated to the subject noted
- content of the notice encouraging purchase from a competitor
- content of the review indicating that the Customer has not made a purchase from Calumette or has not yet tested the product
- content of the review containing concrete elements of conflicts of interest
- inappropriate comments about another comment or its author
- comments that are clearly spam or that mention websites or URLs, including those of Calumette or the manufacturer
- comments containing a call for legal action
- customer comments deemed to give rise to civil or criminal liability on the part of Calumette
- a request from the Customer to modify or delete his/her review.
In the event that an author is identified as having submitted one or more reviews that are deemed illegal or inappropriate, Calumette reserves the right to delete all reviews submitted by this author and to terminate the possibility for this author to submit new reviews.
The Customer is informed that by submitting a customer review, he/she acknowledges having read the General Terms and Conditions of Sale and accepts them in full without reservation.
These General Terms and Conditions of Sale express the entirety of the obligations of the parties.
No general or specific conditions communicated by the Customer may be incorporated into these General Terms and Conditions of Sale.
CALUMETTE's failure to avail itself of a breach by the Customer of any of its obligations hereunder shall not be construed as a waiver of such obligation for the future.
These online General Terms and Conditions of Sale are subject to French law, in accordance with European directives, notwithstanding any rules relating to conflicts of law.
In the event of a dispute, the parties will endeavour to reach an amicable settlement.
Any dispute relating to the interpretation or execution of this contract between Calumette and a natural or legal person considered a consumer shall be brought before the French Courts.
For any Business to Business contractual relationship between Calumette and a legal entity, the courts of NANTES in FRANCE shall have jurisdiction.
(document version: 18/10/2023)