1 - Identification of NORPHE

NORPHE (“NORPHE”) is a simplified joint-stock company registered with the Paris Trade and Companies Register under No. 891 332 421, with its place of business and registered office located at 2, rue Constance – 75018 Paris.
NORPHE can be contacted at the following address: contact@norphe.com

2 - Purpose

The purpose of these General Terms and Conditions of Sale is to define the terms and conditions governing the sale of products offered by NORPHE (the “Products” ) on the website www.norphe.com (the “Site”) to its customers (the “Buyers”), as well as to define the rights and obligations of the parties in this regard.

They can be accessed at any time via a direct link at the bottom of the Website's page.

The applicable version of the General Terms and Conditions of Sale is the one available online on the Website as of the date of the Buyer’s order. A copy is sent to the Buyer along with the order confirmation.

These General Terms and Conditions of Sale take precedence over any other general or specific terms and conditions not expressly approved by NORPHE.

3 - Legal Capacity and Acceptance of the Terms and Conditions

3.1 - Legal Capacity

To register on the Site and/or place an order on it, the Buyer must meet all of the following conditions:

(i) The Buyer is a natural person of legal age with full legal capacity;

(ii) The Buyer is a consumer, defined as any natural person acting for purposes unrelated to their professional activity;


(iii) The Buyer places an order from, and provides a shipping address to, a country located within the European Union.

3.2 - Acceptance of the Terms and Conditions

The Buyer’s acceptance of these General Terms and Conditions of Sale is deemed to occur at the time of registration or when placing an order. Such acceptance must be full and unconditional. Any acceptance subject to conditions shall be deemed null and void.

A Buyer who does not agree to be bound by these general terms and conditions of sale may not place an order.

4 - Registration on the Website

The Buyer has the option to register on the Site before placing an order.

The Buyer must provide all information marked as required. Any incomplete registration will not be accepted.

Registration automatically results in the opening of an account in the Buyer’s name (the “Account” ), which allows the Buyer to manage their purchases in the manner and using the technical means that NORPHE deems most appropriate.

The Buyer warrants that all information provided at the time of registration is accurate, up-to-date, and truthful, and is not misleading in any way. 

It undertakes to update this information in the event of any changes, so that it always meets the criteria mentioned above.

The Buyer is informed and agrees that the information entered for the purpose of creating or updating their Account serves as proof of their identity. The information entered by the Buyer is binding upon them as soon as it is validated.

The Buyer may access their Account at any time after logging in.

Creating an Account is optional for the Buyer. The Buyer may also place an order for one or more Products under the terms set forth in the “Order” section without first registering on the Site.

5 - Product Features

NORPHE offers the following items for sale:

• Electronic hookahs that use a tobacco-free capsule system; 
• Tobacco-free refill capsules;
• Spare parts for its electronic hookahs;
• Any equipment or supplies related to the vaping or hookah industry.

A complete list of the products offered by NORPHE is available on the Website. 

Before placing any order, and in accordance with the provisions of Article L.111-1 of the Consumer Code, among others, the Buyer may review the specifications of each Product they wish to order on the Website.

The photographs and descriptions of the Products offered for sale online are as accurate as possible. NORPHE is bound by them only to the extent specifically stated. 

The Buyer acknowledges and agrees that the Products displayed on the Site are offered for sale only while supplies last.

6 - Order

6.1 - Placing an Order

To place an order, the Buyer must select the Product(s) of their choice and add them to their shopping cart.

The customer can view the summary of their shopping cart at any time, as long as the order has not been finalized, and can correct any errors in the information they have entered.

If the Buyer has not created an Account in accordance with the terms set forth in the section titled “Registration on the Site,” the Buyer is then asked to provide their contact information for delivery and billing purposes.

The customer must then fill out all fields marked as required on the form provided for this purpose. Orders that do not include all the required information cannot be submitted.

The Buyer warrants that all information provided in the order form is accurate, up-to-date, and truthful, and is not misleading in any way.

He is informed and agrees that this information serves as proof of his identity and is binding upon him once it is validated.

An order is deemed to have been received by NORPHE when NORPHE has access to it.

6.2 - Order Confirmation

Upon completion of the order, the Buyer will receive an order confirmation via email that:
(i) summarizes the Products ordered and the order status;
(ii) includes the general terms and conditions of sale in effect on the date of the order;
(iii) includes the invoice corresponding to the order.

The Buyer must ensure that the contact information provided when placing the order is correct and that it allows the Buyer to receive the order confirmation email. If the Buyer does not receive this email, the Buyer must contact NORPHE using the contact information provided in the section titled “Identification of NORPHE.”

NORPHE recommends that the Buyer keep the information contained in the order confirmation.

The order confirmation is deemed to have been received by the Buyer when the Buyer is able to access it.

7 - Prices and Payment Terms

7.1 - Price

The prices of the Products are listed on the Website. 

Prices are listed in euros, including all taxes (French VAT and other applicable taxes).

The prices listed per Product do not include any shipping charges that may apply to the delivery of the Products; these charges will be billed in addition to the price of the Products. The amount of the applicable shipping charges will be indicated before the Buyer confirms the order.

The applicable price is the one displayed on the Website at the time the Buyer confirms the order.

NORPHE reserves the right, at its sole discretion and under terms and conditions determined solely by it, to offer promotional deals or price reductions.

7.2 - Payment Terms

Excluding any applicable customs duties or local taxes, the full price of the Products is due at the time of order.

Payment may be made using any method offered on the Site at the time the order is confirmed.

The Buyer warrants to NORPHE that it has the necessary authorization to use the selected payment method.

NORPHE reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount owed by the Buyer, in the event of a payment issue, or in the event of fraud or attempted fraud related to the use of the Site.

Penalties equal to the French statutory interest rate shall automatically apply to any unpaid amounts as of the first issuance of a formal notice via certified mail with return receipt requested.

7.3 - Billing

Purchase invoices will be sent to the Buyer by email or, if applicable, made available in the Buyer’s Account after the order is received or confirmed.

7.4 - Retention of Title

NORPHE retains full and complete ownership of the Products sold until full payment has been received.

8 - Delivery

8.1 - Delivery Areas

The Buyer is expressly informed that the Site offers delivery of Products only to countries within the European Union. 

Products are delivered to the address specified by the Buyer as the “Shipping Address” when placing the order (which may differ from the billing address), and this address must be located in one of the countries expressly listed above.

8.2 - Shipping Methods and Delivery Times

Before confirming their order, the Buyer is informed of the available shipping methods, as well as the delivery times and costs associated with each method, depending on the region.

The Buyer must select the desired shipping method and provide all the information necessary for the successful delivery of the selected Products using that method.

The actual delivery time will be confirmed to the Buyer in the order confirmation email.

If delivery is not made within the above timeframe, the Buyer may cancel the order by registered letter with acknowledgment of receipt or in writing on another durable medium if, after having given NORPHE notice in the same manner to make delivery within a reasonable additional period, NORPHE has failed to do so within that period.

The contract shall be deemed terminated upon NORPHE’s receipt of written notice of such termination, unless delivery has been made in the meantime.

If the contract is terminated in accordance with the terms set forth above, the Buyer will be refunded the full amount paid, including shipping costs, no later than 14 days following the date on which the contract was terminated.

NORPHE reserves the right, in any event, to contact the Buyer to propose alternative methods of refunding the price of the Products and the shipping costs. The Buyer must explicitly confirm, in writing, their acceptance of the chosen alternative refund method.

9 - Right of withdrawal

The Buyer has 14 days from the date of ordering a Product to cancel the purchase without having to provide a reason or pay any penalties, except for return shipping costs, which remain the Buyer’s responsibility and must be paid by the Buyer.

A Buyer who wishes to exercise their right of withdrawal must send NORPHE, at the contact information provided in the section titled “Identification of NORPHE,” before the expiration of the above-mentioned period, the withdrawal form reproduced in Appendix 1 hereto, duly completed, or a statement clearly expressing their intention to withdraw and including the order number appearing on the corresponding invoice sent to them by email by NORPHE.

The Product in question must be returned to NORPHE in accordance with all of the following conditions:

• In its original, complete packaging (including all accessories provided with it);
• In like-new condition, never used, and showing no signs of wear or damage;
• For capsules and other consumables: unopened;
• Without undue delay and no later than 14 calendar days following the notification by the Buyer of their intention to withdraw. 

It must be accompanied by a copy of the corresponding purchase invoice. The Buyer is liable for any damage to the Product that occurs during its return to NORPHE.

The Buyer will be refunded as soon as possible and no later than 14 days from the date NORPHE actually receives the request to cancel the order, for the full amount paid, less any return shipping costs, which remain the Buyer’s responsibility. NORPHE reserves the right, however, to defer this refund until the actual return of the Products in question.

10 - Legal Warranties

The Buyer is entitled to the statutory warranties against nonconformity and hidden defects in the item sold, including nonconformities resulting from the packaging of the Products.

If the Buyer discovers that the Product delivered to them is defective, a lack of conformity, or is damaged, the Buyer must notify NORPHE using the contact information provided in the section titled “Identification of NORPHE,” specifying the nature of the defect, lack of conformity, or damage observed and providing any relevant supporting documentation, including but not limited to photographs and videos, or any other form of documentation expressly requested by NORPHE.

NORPHE will then conduct an initial series of inspections of the Product and keep the Buyer informed of the results of this analysis.

If applicable, NORPHE will arrange the return with the carrier of its choice and will notify the Buyer of the details by any appropriate means. NORPHE will bear the cost of the return.

NORPHE will conduct the necessary additional checks and, to the extent possible, offer to replace the Product for the Buyer. If replacement of the Product is not possible, NORPHE will refund the Buyer the full price paid for the Product, as well as the corresponding shipping costs, by any appropriate means, as soon as possible and no later than 14 days following the date on which NORPHE informs the Buyer that replacement of the Product is not possible.

11 - Obligations and Liability of the Buyer

11.1 - Regarding the Provision of Information

The Buyer agrees to provide NORPHE with all the information necessary to create an account and order Products.

The Buyer acknowledges and agrees that he or she is solely responsible for the accuracy of the information provided to NORPHE when creating his or her Account and ordering the Products, as well as for ensuring that such information—and, more broadly, the Products—meet his or her specific needs prior to purchase. 

Similarly, the Buyer is solely responsible for its use of the Products.

11.2 - Regarding the Buyer's Account

The Buyer:

• Guarantees that the information provided in the registration and order form is accurate and agrees to keep it up to date;
• Acknowledges that this information serves as proof of his identity and is binding upon him once validated;
• Is responsible for maintaining the confidentiality and security of their username and password. Any access to the Site using these credentials is deemed to have been made by them.

The Buyer must immediately contact NORPHE using the contact information provided in the section titled “Identification of NORPHE” if the Buyer discovers that their Account has been used without their knowledge. The Buyer acknowledges that NORPHE shall have the right to take all appropriate measures in such cases. 

11.3 - Regarding Use of the Site

The Buyer is responsible for his or her use of the Site and for any information he or she shares in connection with it. The Buyer agrees to use the Site personally and not to allow any third party to use it in his or her place or on his or her behalf.

The Buyer shall not use the services provided by NORPHE for any purpose other than those for which they were intended, including, in particular:

• Engaging in illegal or fraudulent activity;
• To undermine public order and public morals;
• To infringe upon third parties or their rights in any way;
• Violating a contractual, statutory, or regulatory provision;
• Engaging in any activity that could interfere with a third party’s computer system, particularly for the purpose of compromising its integrity or security;
• Engage in activities intended to promote its own services and/or websites or those of a third party;
• Assisting or encouraging a third party to commit one or more of the acts or activities listed above.

The Buyer also agrees not to:

• To engage in any conduct that could interrupt, suspend, slow down, or prevent the proper functioning of the Site;
• To engage in any unauthorized access or attempted unauthorized access to NORPHE's systems;
• To engage in any misuse of the Site's system resources;
• To take any actions that would place a disproportionate burden on NORPHE’s infrastructure;
• To commit any violations of security and authentication measures;
• To copy, modify, or misappropriate any element belonging to NORPHE or any concept it uses in connection with its services;
• Engaging in any conduct that could interfere with or hijack NORPHE’s computer systems or compromise its IT security measures;
• To infringe upon NORPHE's financial, commercial, or moral rights and interests;
• To market, transfer, or provide access in any way whatsoever to the services, the information hosted on the Site, or any element belonging to NORPHE.

In the event of a breach of any provision of this article or, more generally, of violations of laws and regulations, NORPHE reserves the right to take all appropriate measures and to initiate legal proceedings.

12 - NORPHE's Liability

12.1 - NORPHE undertakes to conduct regular checks to verify the Site’s operation and accessibility. As such, NORPHE reserves the right to temporarily suspend access to the Site for maintenance purposes. Similarly, NORPHE shall not be held liable for any temporary difficulties or inability to access the Site resulting from circumstances beyond its control, force majeure, or disruptions to telecommunications networks.

12.2 - NORPHE makes no warranty to the Buyer regarding the suitability of the Products for the Buyer’s needs, expectations, or constraints. The Buyer expressly acknowledges that it has no warranties regarding the Products other than those set forth in the section titled “Legal Warranties.”

12.3 - NORPHE does not, under any circumstances, guarantee the Buyer’s protection against all risks associated with, among other things, the use and consumption of the Products.

NORPHE shall not be held liable under any circumstances for any accident occurring during or as a result of the use of a Product, unless it is proven that the accident was directly attributable to a defect in the Product.

12.4 - NORPHE warrants that the Products comply with the regulations and standards in effect in France (including the overseas departments and territories). However, NORPHE shall not be held liable in the event of non-compliance with the laws of the country where the Product is used or ordered.

12.5 - NORPHE makes every effort to back up all data generated and/or entered by or on the Site.

Unless NORPHE is proven to be at fault, it is not liable for any loss of data that occurs during maintenance operations.

12.6 - NORPHE may engage subcontractors to perform the services, and such subcontractors are subject to the same obligations as NORPHE in connection with their work. NORPHE nevertheless remains solely responsible to the Purchaser for the proper performance of the services, unless otherwise provided herein.

NORPHE may be replaced by any person who is subrogated to all of its rights and obligations under its contractual relationship with the Buyer. In such cases, NORPHE will notify the Buyer of this substitution in writing.

12.7 - NORPHE shall not be held liable for any failure to fulfill or any delay in fulfilling orders due to circumstances beyond its control or a force majeure event, it being expressly stated that the following are considered force majeure events as defined in Article 1218 of the Civil Code, in addition to those typically recognized by the case law of French courts: exceptional weather conditions, natural disasters, epidemics, pandemics, fires and floods, lightning, terrorist attacks, disruptions or blockages of telecommunications networks, transportation systems, or postal services—including those resulting from strikes—damage caused by viruses that cannot be eradicated by security measures currently available on the market, as well as any legal, regulatory, or public policy obligation imposed by the competent authorities that would substantially alter these general terms and conditions.

12.8 - In any event, NORPHE’s liability under this Agreement is expressly limited to only the direct, proven damages suffered by the Buyers.

Except in cases of bodily injury, death, or gross negligence, and provided that a claim has been filed by certified mail with return receipt requested within one month of the occurrence of the damage, NORPHE’s liability shall not exceed the amounts it has received in connection with the provision of its services.

13 - Intellectual Property

The Site, as well as all Products, systems, software, and applications, structures, infrastructure, databases, and content of any kind (text, images, user manuals, visuals, music, logos, trademarks, patents, databases, etc.) operated by NORPHE in the course of its business are protected by all applicable intellectual property rights and database rights. 

Any disassembly, decompilation, decryption, extraction, reuse, copying, and, more generally, any act of reproduction, display, distribution, or use of any of these elements, in whole or in part, without NORPHE’s authorization is strictly prohibited and may result in legal action.

14 - Admissible Forms of Evidence

Evidence may be established by any means.

The Buyer is hereby informed that messages exchanged through the Site, as well as data collected on the Site and on NORPHE’s computer systems, constitute admissible evidence, in particular to demonstrate the existence of orders placed by the Buyer and the calculation of their price.

15 - Personal Data

NORPHE is committed to complying with all legal and regulatory obligations applicable to it regarding the protection of personal data, including Law No. 78-17 of January 6, 1978, as last amended (known as the “Data Protection Act”), and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.

To learn more about the management of their personal data and their rights, the Buyer is invited to review NORPHE’s privacy policy, available here.

16 - The Parties' Respective Confidentiality Obligations 

Unless otherwise agreed in writing by the other party, the parties agree to keep confidential, for the duration of their contractual relationship and for 3 years thereafter, all information relating to or held by the other party that they may have become aware of in connection with the conclusion and performance of their contractual relationship.

This requirement does not apply to the following information:

• Of which the receiving party was already aware;
• That were already public at the time of their disclosure or would become public without violating this clause;
• That were lawfully received from a third party;
• The disclosure of which may be required by judicial authorities, pursuant to laws and regulations or for the purpose of establishing a party’s rights within the framework of the contractual relationship between the parties.

Confidential information may be disclosed to the parties’ respective employees, associates, interns, agents, and contracting parties, provided that they are subject to the same confidentiality obligation.

17 - Advertising

NORPHE reserves the right to include, on any page of the Site and in any communication to Buyers, any advertising or promotional messages in a form and under conditions to be determined solely by NORPHE.

18 - Links and Third-Party Websites

Under no circumstances shall NORPHE be held liable for the technical availability of websites or mobile applications operated by third parties (including any of its partners) that the Purchaser may access through the Site.

NORPHE assumes no responsibility for the content, advertisements, products, and/or services available on such third-party websites and mobile applications, which, it should be noted, are governed by their own terms of use.

NORPHE is also not liable for any transactions between the Buyer and any advertiser, professional, or merchant (including any of its partners) to whom the Buyer may be directed through the Site, and shall under no circumstances be a party to any disputes whatsoever with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations, and any other obligations to which such third parties are bound.

19 - Unsubscribe

If the Buyer creates an Account on the Site, he or she may unsubscribe from the Site at any time by sending a request to that effect to NORPHE via email, using the contact information provided in the section titled “NORPHE Contact Information.”

The cancellation will take effect as soon as possible following this request. It will result in the automatic deletion of the Buyer's Account.

20 - Changes

NORPHE reserves the right to modify these general terms and conditions of sale at any time. 

The applicable terms and conditions will be those in effect on the date of any new order placed by the Buyer.

21 - Registration on the Do Not Call List

In accordance with Law No. 2014-344 of March 17, 2014, the Buyer is hereby informed that, as a consumer within the meaning of the Consumer Code, he or she may register free of charge on the BLOCTEL do-not-call list (www.bloctel.gouv.fr) in order to no longer receive unsolicited telephone solicitations from a business with which he or she does not have an existing contractual relationship.

22 - Mediation

The Buyer has the right to seek assistance, free of charge, from a consumer mediator to resolve amicably any dispute arising between the Buyer and NORPHE regarding the performance of this Agreement, in accordance with the terms set forth in Articles L. 611-1 et seq. of the Consumer Code.

To that end, he may contact the following consumer ombudsman:

Consumer Mediation Center for Judicial Mediators (CM2C)
Mailing Address: 14 rue Saint-Jean, 75017 Paris
Phone: 01 89 47 00 14
https://www.cm2c.net

23 - Governing Law

These Terms and Conditions are governed by French law.