General Conditions of purchase of products and contracting of services of The Vape Lab 3.
Index to the General Conditions of Purchase
You can read or print these general conditions of purchase, please read them in detail.
- OBJECT
- PRODUCTS, PRICING AND ORDERING
- MODIFICATION AND CANCELLATION OF ORDERS
- SHIPMENT, DELIVERY AND INSPECTION OF GOODS
- BILLING AND PAYMENTS
- RETURNS AND WARRANTY OF GOODS
- PROMOTIONAL AND ADVERTISING CAMPAIGNS
- TAXES
- DURATION
- LIABILITY TO THIRD PARTIES AND END CUSTOMERS OF THE GOODS
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
- CONTRACTUAL ASSIGNMENT
- CONFIDENTIALITY AND DATA PROTECTION
- CAUSES FOR TERMINATION
- NON-COMPLIANCE
- NOTIFICATIONS
- ADDITIONAL PROVISIONS
- APPLICABLE LAW AND COMPETENT COURTS
1. PURPOSE
The purpose of this document is to regulate in general the commercial relations of sale and supply that take place between The Vape Lab 3, and buyers, individuals or legal entities that may or may not have the status of professionals (hereinafter, the CLIENT). By its acceptance, the CUSTOMER declares to have read, understood and accepted the provisions of these General Conditions, consenting to be bound by them without reservation.
The CLIENT declares to be of legal age and to have sufficient capacity to sign this contract.
These General Conditions shall apply to all purchases and services agreed between the SUPPLIER and the CUSTOMER and shall be binding on both, being without effect any other condition or specification that the CUSTOMER includes in any other documentation without the explicit written acceptance of the SUPPLIER.
These General Conditions may be modified by the needs of the SUPPLIER or by legal imperative, so the CUSTOMER must check and accept the content of these prior to placing each order.
If the CUSTOMER is a consumer, in all matters not provided for in these conditions or not applicable, the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users, as well as European consumer legislation in force at the time of contracting, the SUPPLIER is currently responsible for any lack of conformity that exists at the time of delivery and which becomes apparent within a period of three years from the same.
The CUSTOMER may exercise the right of withdrawal within 14 calendar days from the delivery of the goods, being responsible for the cost of return.
The conditions to be able to return the product are the following:
- The following products may not be returned without the protective film or security seal:
- All products containing liquids.
- Kits.
- Atomizers.
- Pods.
- Nozzles
- Any other product whose seal guarantees the safety and/or hygiene of the product.
- Return of used product is not allowed.
- The return of a product that does not contain all the parts is not allowed.
- We will only accept returns of products in perfect condition, in their original box and with all the components that integrate it, expressly excluding returns of damaged products or containing damage.
The CLIENT should send a communication to info@thevapelab3.com indicating their intention to return the product and the reason, proceeding to send the product to:
The Vape Lab 3
Los Boliches Avenue nº 35 A
29640 Fuengirola (Málaga)
Tlfn: 711 039 564
Once the product has been received, the SUPPLIER will check that it complies with all the return conditions. If so, a coupon will be issued to the CUSTOMER to be used on the website thevapelab3.com or the return will be made by bank transfer, after consulting the CUSTOMER to choose the method of your choice. In case of refusal of the return, the CUSTOMER authorizes the SUPPLIER to resend the product, either in his next order, or through a separate shipment at the choice of the SUPPLIER, being at the expense of the CUSTOMER the cost of return.
In the event of the existence of special conditions, they shall be considered binding only when they are also signed by both parties, having a preferential character in all that which could exclude the conditions of these general conditions.
Likewise, the acceptance of these General Terms and Conditions shall have the effect of novating any other terms and conditions that may have been previously subscribed by the parties.
2. PRODUCTS, PRICES AND ORDERS
Orders placed by the CUSTOMER with the SUPPLIER must be placed through the platform provided for this purpose on the website thevapelab3.com, not being binding those placed verbally or by telephone as long as the SUPPLIER does not confirm them in writing. Placing an order shall require a USER account on the SUPPLIER's website and shall imply acceptance of these General Terms and Conditions and the General Terms and Conditions of the payment service provider.
The photographs or graphics may undergo alterations or variations due to design or format changes, which the CUSTOMER accepts. The SUPPLIER may withdraw from sale any of its products without prior notice or modify the price, without giving rise to any compensation to the CUSTOMER.
The CUSTOMER shall select and add to the virtual shopping cart the products and quantities required. If there are specific shipping needs or in relation to the order placed that the SUPPLIER should be aware of, they should be indicated in the "observations" section. During the processing of the order, the approximate shipping costs will be informed, as well as the possible assumption of the same by the SUPPLIER, if the free shipping is applicable in accordance with the company's policy.
The CLIENT declares to understand that the estimated shipping costs calculated through the portal may be subject to variations and accepts that the SUPPLIER will pass on to the CLIENT any possible upward variation of these costs.
To make the payment, the CUSTOMER must complete the data of his/her debit/credit card and authorize the charge. By doing so, he/she declares to be the holder of the same or to be authorized to use it, being responsible for any unauthorized or improper use that may be incurred.
In the event that the payment of the total amount of the order is made after the order has been placed or by bank transfer, the CUSTOMER must send the proof of payment or any other method of payment accepted by the SUPPLIER to the e-mail address indicated below, showing the order number, the bank account number issued by the SUPPLIER and the amount paid: info@thevapelab3.com.
Once the order has been finalized and confirmed by the CUSTOMER, the SUPPLIER will reply within a period not exceeding 7 days, accepting or rejecting the order, as well as attending to any request from the CUSTOMER.
In the event of a manifest error in the price of the products, the SUPPLIER will inform the CUSTOMER as soon as possible after it is detected, communicating the correct price and allowing the CUSTOMER to choose between the cancellation of the order or its acceptance upon payment of the correct amount. In no case shall the SUPPLIER be obliged to send the order if the CUSTOMER refuses to pay the correct price, in which case the SUPPLIER will proceed to refund the amount paid by the CUSTOMER.
If the method of payment chosen by the CUSTOMER is by bank transfer, the order is reserved for the CUSTOMER for 3 working days. After this period, if there is no response from the CUSTOMER, the SUPPLIER will proceed to cancel the order.
The perfection of the purchase contract shall be subject to the acceptance of the order by the SUPPLIER and to the existence of stock of the products requested by the CUSTOMER. In the event that, once the order has been placed by the CUSTOMER and accepted by the SUPPLIER, any of the products requested are not available, the SUPPLIER shall inform the CUSTOMER of this circumstance, also informing that, unless expressly indicated by the CUSTOMER to cancel the order completely, the order shall be sent, except for those items that are not available. Notwithstanding the foregoing and provided that the shipment has not left the SUPPLIER's facilities, the CUSTOMER may replace the out-of-stock product with a product of the same amount. In any case, with respect to the balance resulting in favor of the customer of the products out of stock, the CUSTOMER may alternatively opt for a refund of the amount, for a coupon to use on the website thevapelab3.com or to keep the order and that this is sent in the next order placed by the CUSTOMER, provided that stock is available.
The CLIENT declares that all data provided to the SUPPLIER are correct and truthful, exempting the latter from any liability that may arise from the inaccuracy or falsity of the same, and the SUPPLIER may claim damages caused by the breach of this obligation.
3. MODIFICATION AND CANCELLATION OF ORDERS
Once the SUPPLIER has confirmed the order by e-mail to the CUSTOMER's user e-mail address, the CUSTOMER agrees to receive the order, subjecting it to these General Conditions and the particular conditions that have been explicitly agreed with the order.
However, in the event that the CUSTOMER requires a modification, the moment in which the CUSTOMER is informed of such circumstance will be taken into account. In the event that such modification does not cause any additional cost or inconvenience to the SUPPLIER, it will carry out the requested modifications. In the event that the requested modifications alter the cost of execution or cause any inconvenience, the SUPPLIER will inform the CUSTOMER of such circumstances and, at the decision of the latter, the order will be executed under the conditions originally agreed or as modified if possible, which will entail the assumption by the CUSTOMER of any expenses incurred by the modification.
In any case, the SUPPLIER shall only be entitled to make modifications or cancellations to the order prior to delivery of the goods to the CARRIER, in accordance with the provisions of the following Condition.
4. SHIPMENT, DELIVERY AND INSPECTION OF GOODS
Delays in delivery due to force majeure or fortuitous events not attributable to the SUPPLIER, such as (by way of example) floods, earthquakes, tidal waves, power outages or any other supplies necessary for the activity, situations of political instability, riots, revolts or declaration of war, shall not give rise to liability on the part of the SUPPLIER.
The shipment and delivery of the goods shall be carried out by a CARRIER, whose choice, unless otherwise agreed in the particular conditions, shall be made by the CUSTOMER before confirming the order among those offered by the SUPPLIER. Once the goods have been delivered to the CARRIER, the SUPPLIER is completely exonerated from any liability not attributable to it for the land, sea or air transport, both national and international, of the goods.
Shipping and transport costs to the place indicated by the CUSTOMER shall be borne by the CUSTOMER, unless otherwise agreed (excluding in any case the taxes and fees that correspond to the CUSTOMER).
The parties may also agree to collect the goods at the facilities of the SUPPLIER, an agreement which shall be recorded in writing in the order and which shall exempt the SUPPLIER, as indicated above, from any liability with respect to the transport of the goods.
The delivery of the goods shall be made by the CARRIER on the date and at the place agreed upon in the respective purchase orders, unless, for justified cause, the SUPPLIER is unable to deliver the goods to the CARRIER under the agreed conditions.
Delivery on a different date for reasons not attributable to the SUPPLIER shall not be considered a delay.
The CUSTOMER undertakes to receive the goods correctly shipped. In case of refusal to receive the goods, it will be understood as an essential breach of contract. The SUPPLIER, informing the CUSTOMER of the non-receipt, will give a period of 5 working days to arrange a new shipment, and if this occurs, the customer will be responsible for the costs of transport and storage and any other costs that may have caused the original non-receipt of the order. In the event of continued refusal to receive the order correctly accepted, the SUPPLIER is entitled to take possession of the goods, and the penalty for such non-compliance shall be 20% of the price of the order, plus the full costs of the second unsuccessful shipment. In the case of personalized goods, the full cost of the goods, plus the costs of the second shipment and all those incurred by the SUPPLIER for the destruction of the goods, shall be payable.
The SUPPLIER shall deliver the goods properly packed to the CLIENT, being the CARRIER's responsibility to ensure that the goods arrive at their destination in the agreed conditions. In case of defect or damage in the packaging, or any incident in the transport, the CUSTOMER shall notify the SUPPLIER within 24 hours after receipt of the product or in the absence thereof to agree on a solution, reshipment or replacement, if the defect or damage is not attributable to the actions of the CARRIER. In case of non-compliance by the CUSTOMER of the indicated notice in time, the SUPPLIER shall be exonerated from any liability for the order that suffers the incident during transport.
Once the order has been delivered, the CUSTOMER may carry out the inspections of the goods it deems appropriate within 4 days and once these have been carried out and there is conformity, the CUSTOMER may not allege any manifest defect or defect in the quality or quantity of the goods. The SUPPLIER shall not be liable for any claims arising from damage due to an act of God, inherent defect or fraud. Once this period has expired, the SUPPLIER shall only be liable for internal defects of the goods, which must be duly proven, for a period of 30 days.
5. INVOICING AND PAYMENTS
The prices indicated in the orders shall be firm and non-revisable, unless a material error is accredited by the SUPPLIER, in accordance with the provisions of the SECOND clause of the present GTC.
The price excludes the VAT in force and customs, special or tariff taxes that according to Law must be assumed by the final customer, unless the prices including taxes are indicated on the web page of the SUPPLIER or during the purchase process on the same.
The SUPPLIER shall issue an invoice for each supply of goods, indicating on the invoice the order number and the description of the product.
As a general rule, payment of the agreed price must be made prior to shipment of the goods and at the time of order confirmation, through any of the means of payment offered by the platform of the SUPPLIER's website.
6. RETURNS AND WARRANTY OF GOODS
If the CUSTOMER is a consumer, he may exercise his right of withdrawal in accordance with the law, having the right to return the goods without giving any reason within a period of 14 days from receipt, provided they have not been opened, manipulated or damaged. The SUPPLIER will proceed to reimburse the amount of the price of the products within a maximum period of 30 days. The CUSTOMER will be responsible for the shipping costs derived from the return. Once this period has elapsed, durable products will only be returned for the specified reasons covered by the legal guarantee.
The SUPPLIER warrants its durable products against defects in materials and workmanship. Under normal use and service, during the warranty period the products shall be free from physical defects in materials and workmanship. Otherwise, the product will be repaired or replaced at the sole discretion of the SUPPLIER.
If a product should prove to have problems or defects attributable to the SUPPLIER, during the warranty period, the SUPPLIER shall proceed, at its option and expense, to repair the defective product or part, or deliver to the customer an equivalent product or part to replace the defective item. All replaced products shall become the property of the SUPPLIER. Replacement products may be new or reconditioned. All items received for pick-up and payment from the SUPPLIER that do not comply with the terms and conditions will be placed in quarantine storage until the customer covers the cost of shipping and reshipping and repair if applicable.
For products with an estimated number of uses, the warranty will be provided for the useful life estimated by the manufacturer. Consumable products are not covered by the legal warranty.
To initiate any claim under the warranty, the CUSTOMER may contact the SUPPLIER through the contact form provided for this purpose, available in the CUSTOMER SERVICE - CONTACT US section of the website thevapelab3.com.
Products that do not meet expectations or are defective in workmanship or function should be sent at the sender's expense to:
The Vape Lab 3
Los Boliches Avenue nº 35 A
29640 Fuengirola (Málaga)
Tlfn: 711 039 564
The shipping costs will be reimbursed according to the evaluation of the technical team, accepting returns in cases where the products present reliable manufacturing defects and excluding this possibility if the products show signs of negligent or improper use or do not comply with the contractual conditions of the warranty.
However, the following circumstances shall be causes for exclusion of the guarantee:
- The warranty period has expired.
- The product has been modified or repaired by any service center or person not authorized by the SUPPLIER.
- The defect has occurred due to mistreatment, misuse not in accordance with the instructions in the manual, or exposure to environmental conditions more severe than those specified in the manual and specifications.
- The defect was caused by force majeure.
7. PROMOTIONAL AND ADVERTISING CAMPAIGNS
The SUPPLIER may use gifts or product units for its promotion, which may not be transferred to third party professionals or offered for sale by the CUSTOMER.
Within the scope of promotional or advertising campaigns, the SUPPLIER may temporarily or indefinitely cede material intended for the exhibition of the products or such as displays, tables, stands, etc., screen-printed or not, being expressly forbidden the use of these means for the sale of products not purchased from the SUPPLIER or the cession of the same to third parties.
In the event that the CUSTOMER fails to comply with any of the above commitments, it shall indemnify the SUPPLIER with the amount of 1,500.-€ and proceed to the immediate cessation of the breach, either corresponding to the immediate withdrawal of the products not purchased from the SUPPLIER from the means provided by the latter, or to their recovery in the case of having transferred them.
8. TAXES
The CUSTOMER will be responsible for the taxes that by the applicable law correspond to him. The CUSTOMER shall be obliged to deliver all the documentation and information requested by the SUPPLIER for the correct settlement of taxes and payment of the corresponding invoices, and shall be liable for any damages caused to the SUPPLIER in case of refusal or negligence.
9. DURATION
These conditions shall govern by their terms and conditions all sales or supply operations between the signatory companies or professionals until such time as other conditions are established or modified.
10. LIABILITY TO THIRD PARTIES AND FINAL CUSTOMERS OF THE GOODS
The SUPPLIER shall not be liable for damages against third parties or suffered by consumers or end users due to the incorrect use of the goods supplied. To this end, the goods that so require shall be delivered with an instruction manual indicating the uses permitted by the manufacturer, with an indication of the safety and maintenance measures that are necessary for the specific product that is the object of the sale and purchase. In those cases in which it is not necessary, the pertinent information and indications shall be included in the labeling.
When the CUSTOMER is a professional, the CUSTOMER must deliver the product to the consumer with the indicated manual, which will be previously provided by the SUPPLIER, otherwise exonerating the latter from any liability for misuse or lack of information. Likewise, the SUPPLIER shall not be liable for administrative or criminal offenses that may be committed by consumers or final recipients for violation of state, regional, municipal or any other legislation that may be applicable due to the nature of the product, being the responsibility of the CUSTOMER in its capacity as seller and professional, to inform of the limitations and legally permitted uses of the different products they acquire and sell.
If the CUSTOMER sends or sells the products to a third country, the CUSTOMER shall be previously responsible for the compliance with the applicable regulations, exonerating the SUPPLIER from any type of liability it may incur.
In the event that the legislation applicable to the products supplied is modified in such a way that they are not suitable for marketing or do not comply with any legal provisions, the CUSTOMER undertakes to retain the goods and inform the SUPPLIER of such circumstances, being responsible for any infringements that may be incurred in the event of failure to withdraw from the market the affected products that have become unsuitable for sale.
11. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The SUPPLIER is the authorized distributor of the trademarks and industrial and intellectual rights of the products it supplies. The CUSTOMER may not use the trademarks of the SUPPLIER or third parties without their explicit written consent.
12. CONTRACTUAL ASSIGNMENT
The assignment of the rights and obligations of the contractual relationship by the CUSTOMER to third parties is prohibited, unless previously authorized in writing by the SUPPLIER.
The SUPPLIER reserves the right to assign the rights and obligations arising from these General Conditions in favor of another company that is part of its business group, without the prior consent of the CUSTOMER being required.
13. CONFIDENTIALITY AND DATA PROTECTION
In compliance with the provisions of Organic Law 3/2018 of December 5, 2018 on the Protection of Personal Data and guarantee of digital rights and EU Regulation 2016/679, the personal data provided by the CLIENT will form part of the "CUSTOMERS" file, for the purpose of maintaining the contractual relationship, control and management of purchases and orders and the corresponding payments. The SUPPLIER will treat such data with the utmost confidentiality, and undertakes not to use them for a purpose other than that for which they have been collected, as well as to keep them with the appropriate measures to ensure their security and prevent their alteration, loss, treatment or unauthorized access.
The SUPPLIER undertakes to maintain professional secrecy with respect to the aforementioned data, even after the end of the contractual relationship. The CUSTOMER authorizes the SUPPLIER to keep his data for a period of five years after the contractual performance has been completed.
The CLIENT has the possibility of exercising the rights of access, rectification, deletion, limitation of processing, portability and opposition by sending a written communication to The Vape Lab 3, Avenida de los boliches N 35ª Fuengirola (Málaga) or making a request to that effect in the section CUSTOMER SERVICE - CONTACT US of the website thevapelab3.com.
The CUSTOMER may not directly, nor through persons employed by him/her at his/her service, provide third parties with any type of information that he/she may have known by virtue of these General Conditions or by virtue of the commercial relationship that links him/her to the SUPPLIER. If the disclosure of such information causes any kind of damage to the SUPPLIER, or any company belonging to its group, it shall be liable for the damages caused.
In no case may the information received be communicated to third parties by any of the parties without due written consent, except in the case of information that is public knowledge or in those cases in which it is required by the competent authority and in accordance with the legislation in force.
14. CAUSES FOR TERMINATION
The non-fulfillment of any of the conditions contained in this document or of those specifically agreed between the parties shall be cause for termination of the commercial relationship and, in particular, the non-fulfillment of any of the conditions contained in this document or of those specifically agreed between the parties and, in particular:
- The repeated rejection of the goods by the CUSTOMER in accordance with the agreed conditions.
- The situation of manifest economic insolvency of any of the parties or the communication by the CUSTOMER to the competent Commercial Courts that it has initiated negotiations to reach a refinancing agreement as provided in Article 71 bis.1 of the Insolvency Law or to obtain adhesions to an early proposal of agreement.
- Be in a situation of bankruptcy or have been declared bankrupt by court order.
- Non-payment by the CUSTOMER of the price of orders within the stipulated period.
- Failure by the CUSTOMER to comply with its obligations relating to intellectual and industrial property rights.
- Mutual agreement of the parties.
15. NON-COMPLIANCE
The SUPPLIER shall be exonerated from any responsibility for the fulfillment of these General Terms and Conditions when force majeure reasons occur that do not allow the execution of the order.
In the event of non-compliance by the CUSTOMER of the particular conditions of the order that have been accepted and confirmed by the SUPPLIER, the latter shall be entitled to demand compliance with the agreed conditions, and the CUSTOMER shall be liable for any damages caused by the same.
In the event that the non-compliance consists of the non-payment of the price of the goods, the amounts due shall be increased by the late payment interest applicable in accordance with Law 3/2004, of 29 December, which establishes measures to combat late payment in commercial transactions. In the event that deferred payment of the goods has been agreed, failure to meet any of the deadlines shall entitle the SUPPLIER to claim the total amount due, plus interest and expenses, without the need for prior notice.
In the event that the CUSTOMER breaches these General Conditions, the CUSTOMER, as the defaulting party, shall be liable for the payment of the expenses and costs incurred by the SUPPLIER for the effective performance or termination of the contract, including the costs of expertise, lawyer or solicitor even if their intervention was not mandatory.
The CUSTOMER may not terminate the contract for non-compliance without previously informing the SUPPLIER of the existence and nature of the non-compliance, giving the CUSTOMER a term and opportunity to remedy it. Such information shall be notified in the manner regulated in these General Conditions and shall allow a period of 10 working days from the notification for its correction by the SUPPLIER, in which case there shall be no default.
16. NOTIFICATIONS
For any notification required for the purpose of these General Conditions, the SUPPLIER designates the following address as its domicile:
The Vape Lab 3
Los Boliches Avenue nº 35 A
29640 Fuengirola (Málaga)
Tlfn: 711 039 564
Alternatively, and at its option, the CUSTOMER may choose to send notifications by e-mail to info@thevapelab3.com.
The CUSTOMER must designate in the order itself and in the particular conditions the e-mail address and domicile for the purpose of receiving notifications, being valid the notification in any of the two addresses.
17. ADDITIONAL PROVISIONS
If any condition of the present document is declared totally or partially null and void, the invalidity shall not affect the remaining General Conditions. The parties undertake to replace the invalid or unenforceable clauses by others, through which the expected result can be achieved.
The fact that at any time or for any period of time, the SUPPLIER does not demand compliance with the provisions of these General Conditions or the fact that it does not exercise a right provided for therein, shall not be construed as a waiver of such right, and shall in no way affect its right to demand such provision or exercise such right.
These General Conditions are considered the complete and definitive expression of what has been agreed between the parties in relation to the content of the same. Its subscription by the CUSTOMER implies its complete understanding and comprehension, and also declares that it has not relied on promises or statements not contained in this document nor has it considered the same as an incentive to accept them.
18. APPLICABLE LAW AND COMPETENT COURTS
In all matters not regulated in these General Conditions, the provisions of the Code of Commerce shall apply to commercial sales and, in all matters not provided for therein, and in addition, the Civil Code shall apply. For sales with private individuals, the corresponding consumer legislation shall apply.
For any conflict that may arise between the parties relating to the fulfillment and execution of these General Conditions, or in the commercial relations subject to them, and in those others that are not directly due to the existence of specific conditions explicitly agreed by the parties, unless they are contrary to this condition, the Courts and Tribunals of the city of Valencia shall have exclusive jurisdiction. For these purposes, both the SUPPLIER and the CUSTOMER expressly waive the jurisdiction that may correspond to them in general, if different from the one agreed. Regardless of the destination of the goods or the domicile of the CUSTOMER, the applicable law for the relations between both parties shall be Spanish law.
In the event that the CUSTOMER is a private individual, the provisions of current legislation on the rights of consumers and users shall apply.