1 - Identification of NORPHE

NORPHE (“NORPHE”) is a French simplified joint-stock company (société par actions simplifiée) registered with the Paris Trade and Companies Register (RCS) under number 891 332 421, whose place of business and registered office are located at 2, rue Constance – 75018 Paris, France.
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 under which the products offered by NORPHE (the “Products”) on the website www.norphe.com (the “Site”) are sold to its customers (the “Buyers”), and to set out the rights and obligations of the parties in this context.

They can be accessed at any time via a direct link at the bottom of the Site.

The applicable version of the general terms and conditions of sale is the one available online on the Site on the date of the Buyer’s order. A copy is sent to the Buyer with the order confirmation.

These general terms and conditions of sale prevail over any other general or specific terms and conditions not expressly accepted by NORPHE.

3 - Legal capacity and acceptance of the general 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 an adult natural person with full legal capacity;

(ii)  The Buyer is a consumer, meaning any natural person acting for purposes outside the scope of their professional activity;

(iii)  The Buyer places the order from, and provides a delivery address in, a country within the territory of the European Union.

3.2 - Acceptance of the general terms and conditions

The Buyer’s acceptance of these general terms and conditions of sale takes effect upon registration or when placing an order. Acceptance must be full and complete. Any acceptance with reservations is considered null and void.

Buyers who do not agree to be bound by these general terms and conditions of sale may not place an order.

4 - Registration on the Site

The Buyer may register on the Site before placing an order.

The Buyer must provide all the information marked as mandatory. Incomplete registrations will not be validated.

Registration automatically opens an account in the Buyer’s name (the “Account”), allowing the Buyer to manage their purchases in the form and by the technical means that NORPHE considers most appropriate.

The Buyer guarantees that all information provided at registration is accurate, up to date and truthful, and is not misleading in any way. 

The Buyer undertakes to update this information in the event of changes, so that it always meets the above criteria.

The Buyer is informed and accepts that the information entered to create or update their Account constitutes proof of their identity. The information entered by the Buyer is binding on 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 order one or more Products under the conditions set out in the article “Order”, without first registering on the Site.

5 - Product characteristics

NORPHE offers for sale, in particular:

• Electronic hookahs using a tobacco-free pod system; 
• Tobacco-free refill pods;
• Spare parts for its electronic hookahs;
• Any equipment and consumables related to the vaping or hookah industry.

The complete list of Products offered by NORPHE is available on the Site. 

Before placing an order, and in accordance in particular with Article L.111-1 of the French Consumer Code, the Buyer can view on the Site the characteristics of each Product they wish to order.

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

The Buyer acknowledges and accepts that the Products shown on the Site are offered for sale only while stocks 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 cart.

The Buyer can access a summary of their cart at any time until the order is finally confirmed, and may correct any errors in the information entered.

If the Buyer has not created an Account under the conditions set out in the article “Registration on the Site”, the Buyer will be asked to provide their details for delivery and invoicing purposes.

The Buyer must then complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all the required information cannot be confirmed.

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

The Buyer is informed and accepts that this information constitutes proof of their identity and is binding on them as soon as it is validated.

The order is deemed to have been received by NORPHE when NORPHE is able to access it.

6.2 - Order confirmation

Once the order has been placed, the Buyer receives an email confirmation which:
(i)   summarizes the Products ordered and the status of the order;
(ii)  includes the general terms and conditions of sale in force on the date of the order;
(iii) includes the invoice for the order.

The Buyer must ensure that the contact details provided when ordering are correct and allow them to receive the order confirmation email. If this email is not received, the Buyer must contact NORPHE using the contact details set out in the article “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 they are able to access it.

7 - Prices and payment terms

7.1 - Prices

Product prices are displayed on the Site. 

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

The prices displayed for each Product do not include any delivery costs applicable to the delivery of the Products, which are charged in addition to their price. The amount of applicable delivery costs will be shown before the Buyer confirms the order.

The applicable price is the one displayed on the Site when the Buyer confirms the order.

NORPHE reserves the right, at its sole discretion and under terms it alone shall determine, to offer promotions or price reductions.

7.2 - Payment terms

Excluding any applicable customs duties or local taxes, the full price of the Products is payable upon ordering.

Payment can be made by any method offered on the Site when the order is confirmed.

The Buyer guarantees to NORPHE that they hold the authorizations required to use the chosen 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, a payment incident, or fraud or attempted fraud relating to the use of the Site.

Late payment penalties equal to the French legal interest rate will automatically apply to unpaid amounts from the first presentation of a formal notice sent by registered letter with acknowledgment of receipt.

7.3 - Invoicing

Purchase invoices will be sent to the Buyer by email or, where applicable, made available in their Account after the order has been received or confirmed.

7.4 - Retention of title

NORPHE retains full ownership of the Products sold until the price has been paid in full.

8 - Delivery

8.1 - Delivery territories

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

Products are delivered to the address entered by the Buyer when ordering as the “Delivery address” (which may differ from the billing address), which may only be located in one of the countries of the territory expressly referred to above.

8.2 - Delivery methods and times

Before confirming the order, the Buyer is informed of the available delivery methods and of the times and costs corresponding to each method, depending on the territory.

The Buyer must select the desired delivery method and provide all the information necessary for the Products ordered to be delivered by 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 time, the Buyer may terminate the order by registered letter with acknowledgment of receipt or by any other written notice on a durable medium if, after having requested NORPHE by the same means to make the delivery within a reasonable additional period, NORPHE has failed to do so within that period.

The contract is deemed terminated upon receipt by NORPHE of the written notice informing it of this termination, unless delivery has taken place in the meantime.

If the contract is terminated in accordance with the above terms, the Buyer will be refunded all sums paid, including delivery costs, no later than 14 days from the date on which the contract was terminated.

In any event, NORPHE reserves the right to contact the Buyer to propose alternative ways of refunding the price of the Products and the delivery costs. The Buyer must expressly accept the chosen alternative refund method on a durable medium.

9 - Right of withdrawal

The Buyer has a period of 14 days from the order of a Product to withdraw, without having to give reasons or pay penalties, except for the return costs, which remain payable by the Buyer.

A Buyer wishing to exercise the right of withdrawal must send NORPHE, using the contact details set out in the article “Identification of NORPHE” and before the above period expires, the duly completed withdrawal form reproduced in Appendix 1 hereto, or any statement clearly setting out the decision to withdraw and including the order number shown on the corresponding invoice sent to the Buyer by NORPHE by email.

The Product concerned must be returned to NORPHE subject to all of the following conditions:

• In its original and complete packaging (including any accessories supplied with it);
• In new condition, never used and free from any damage;
• For pods and other consumable Products: with their seals unbroken;
• Without undue delay and no later than 14 calendar days after the Buyer has communicated the decision to withdraw. 

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

The Buyer will be refunded as soon as possible and no later than 14 days from the date on which NORPHE actually receives the withdrawal request, for all sums paid for the order, less any return costs, which remain payable by the Buyer. However, NORPHE reserves the right to defer this refund until the Products concerned have actually been recovered.

10 - Legal guarantees

The Buyer benefits from the legal guarantees of conformity and against hidden defects in the item sold, including lack of conformity resulting from the packaging of the Products.

If the Buyer finds that the Product delivered is defective, does not conform or is damaged, they must inform NORPHE using the contact details set out in the article “Identification of NORPHE”, stating the nature of the defect, non-conformity or damage observed and sending any useful supporting evidence, in particular in the form of photograph(s) and video(s), or any other form expressly requested by NORPHE.

NORPHE will then carry out an initial series of checks on the Product and will inform the Buyer of the results of this analysis.

Where applicable, NORPHE will arrange the return with the carrier of its choice and will inform the Buyer of the return arrangements by any appropriate means. NORPHE will bear the cost of this return.

NORPHE will carry out the necessary further checks and will offer the Buyer a replacement Product wherever possible. If the Product cannot be replaced, NORPHE will refund the Buyer the full price paid for the Product and the corresponding delivery costs, by any appropriate means, as soon as possible and no later than 14 days from the date on which NORPHE informed the Buyer that the Product could not be replaced.

11 - Obligations and liability of the Buyer

11.1 - Provision of information

The Buyer undertakes to provide NORPHE with all the information necessary to create their Account and order the Products.

The Buyer acknowledges and accepts that they are solely responsible for the accuracy of the information provided to NORPHE when creating their Account and ordering the Products, and for ensuring, before purchase, that this information, and more generally the Products, are suited to their specific needs. 

Likewise, the Buyer is solely responsible for the use they make of the Products.

11.2 - The Buyer’s Account

The Buyer:

• Guarantees that the information provided in the registration and order form is accurate and undertakes to keep it up to date;
• Acknowledges that this information constitutes proof of their identity and is binding on them as soon as it is 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 the Buyer.

The Buyer must immediately contact NORPHE using the contact details set out in the article “Identification of NORPHE” if they find that their Account has been used without their knowledge. The Buyer acknowledges that NORPHE will be entitled to take any appropriate measures in such a case. 

11.3 - Use of the Site

The Buyer is responsible for their use of the Site and for any information they share in this context. They undertake to use the Site personally and not to allow any third party to use it in their place or on their behalf.

The Buyer shall not misuse the services provided by NORPHE for purposes other than those for which they were designed, and in particular to:

• Engage in any illegal or fraudulent activity;
• Undermine public order and morality;
• Infringe the rights of third parties or harm them in any way;
• Breach any contractual, legislative or regulatory provision;
• Engage in any activity likely to interfere with a third party’s computer system, in particular to breach its integrity or security;
• Carry out maneuvers intended to promote their own services and/or websites or those of a third party;
• Assist or encourage a third party to commit one or more of the acts or activities listed above.

The Buyer also shall not:

• Behave in any way likely to interrupt, suspend, slow down or prevent the proper functioning of the Site;
• Intrude or attempt to intrude into NORPHE’s systems;
• Misappropriate the Site’s system resources;
• Take any action likely to place a disproportionate load on NORPHE’s infrastructure;
• Breach any security or authentication measures;
• Copy, modify or misappropriate any element belonging to NORPHE or any concept it uses in connection with the services;
• Behave in any way likely to interfere with or misuse NORPHE’s computer systems or undermine its IT security measures;
• Infringe NORPHE’s financial, commercial or moral rights and interests;
• Market, transfer or give access in any way to the services, to the information hosted on the Site or to any element belonging to NORPHE.

In the event of a breach of any provision of this article or, more generally, of any infringement of laws and regulations, NORPHE reserves the right to take any appropriate measures and to bring any legal action.

12 - Liability of NORPHE

12.1 - NORPHE undertakes to carry out regular checks to verify the operation and accessibility of the Site. For this purpose, NORPHE reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, NORPHE cannot be held liable for temporary difficulties or impossibility of accessing the Site resulting from circumstances beyond its control, force majeure, or disruptions to telecommunications networks.

12.2 - NORPHE gives the Buyer no guarantee that the Products are suited to their needs, expectations or constraints. The Buyer expressly acknowledges that they have no guarantee on the Products other than those provided for in the article “Legal guarantees”.

12.3 - NORPHE does not, under any circumstances, guarantee the Buyer’s protection against all dangers related in particular to the use and consumption of the Products.

NORPHE cannot under any circumstances be held liable for any accident occurring during or following the use of a Product unless it is shown to be directly attributable to a defect in the Product.

12.4 - NORPHE guarantees that the Products comply with the regulations and standards in force in France (including French overseas departments and territories). However, NORPHE cannot be held liable if the Product does not comply with the legislation of the country in which it is used or ordered.

12.5 - NORPHE makes its best efforts to back up all data generated and/or entered by/on the Site.

Except in the event of proven fault on its part, NORPHE is not liable for any loss of data during maintenance operations.

12.6 - NORPHE may use subcontractors to perform the services, who are subject to the same obligations as NORPHE in the course of their work. NORPHE nevertheless remains solely responsible to the Buyer for the proper performance of the services, unless otherwise provided herein.

NORPHE may substitute any person who will be subrogated to all of its rights and obligations under its contractual relationship with the Buyer. Where applicable, NORPHE will inform the Buyer of this substitution by any written means.

12.7 - NORPHE cannot be held liable for non-performance or delay in the performance of orders due to circumstances beyond its control or force majeure, it being expressly specified that the following are considered cases of force majeure as defined in Article 1218 of the French Civil Code, in addition to those usually recognized by the case law of the French courts: exceptional weather conditions, natural disasters, epidemics, pandemics, fires and floods, lightning, attacks, breakdowns or blockages of telecommunications networks, means of transport or postal services, including as a result of strikes, damage caused by viruses that the security measures available on the market cannot eradicate, and any legal, regulatory or public-order obligation imposed by the competent authorities that would substantially modify these general terms and conditions.

12.8 - In any event, any liability that NORPHE may incur under these terms is expressly limited to proven direct damage suffered by Buyers.

Except in the case of personal injury, death or gross negligence, and provided that a claim has been made by registered letter with acknowledgment of receipt within one month of the damage occurring, 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, infrastructures, databases and content of any kind (texts, images, user manuals, visuals, music, logos, trademarks, patents, databases, etc.) used by NORPHE in its business are protected by all applicable intellectual property rights and database producers’ rights. 

Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any reproduction, representation, distribution or use of any of these elements, in whole or in part, without NORPHE’s authorization is strictly prohibited and may give rise to legal proceedings.

14 - Admissible evidence

Evidence may be provided by any means.

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

15 - Personal data

NORPHE undertakes to comply with all legal and regulatory obligations incumbent upon it with regard to the protection of personal data, in particular French Law No. 78-17 of January 6, 1978 as amended, known as the French Data Protection Act, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.

To find out more about how their personal data is managed and about their rights, the Buyer is invited to read NORPHE’s personal data protection policy, available here.

16 - Respective confidentiality obligations of the parties 

Unless otherwise agreed in writing by the other party, each party undertakes 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 of which it became aware in the course of entering into and performing their contractual relationship.

This obligation does not extend to information:

• Already known to the receiving party;
• Already public when disclosed, or that becomes public without breach of this clause;
• Lawfully received from a third party;
• Whose disclosure is required by judicial authorities, pursuant to laws and regulations, or in order to establish the rights of a party within the contractual relationship between the parties.

Confidential information may be disclosed to the parties’ respective employees, collaborators, interns, agents and contractors, provided they are bound by the same confidentiality obligation.

17 - Advertising

NORPHE reserves the right to include advertising or promotional messages on any page of the Site and in any communication to Buyers, in a form and under conditions that NORPHE alone shall determine.

18 - Third-party links and websites

NORPHE cannot under any circumstances be held liable for the technical availability of websites or mobile applications operated by third parties (including any partners) that the Buyer accesses via the Site.

NORPHE accepts no liability for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.

Nor is NORPHE responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to which the Buyer is directed via the Site, and NORPHE shall under no circumstances be a party to any disputes with such third parties concerning, in particular, the delivery of products and/or services, guarantees, representations and any other obligations by which such third parties are bound.

19 - Unsubscribing

If the Buyer has created an Account on the Site, they may unsubscribe from the Site at any time by sending a request to NORPHE by email, using the contact details set out in the article “Identification of NORPHE”.

Unsubscription will take effect as soon as possible following this request. It automatically results in the deletion of the Buyer’s Account.

20 - Changes

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

The applicable terms will be those in force on the date of any new order by the Buyer.

21 - Registration on the telephone canvassing opt-out list

In accordance with French Law No. 2014-344 of March 17, 2014, the Buyer is informed that, as a consumer within the meaning of the French Consumer Code, they may register free of charge on the BLOCTEL telephone canvassing opt-out list (www.bloctel.gouv.fr) so as no longer to receive telephone canvassing from professionals with whom they have no ongoing contractual relationship.

22 - Mediation

The Buyer is entitled to use a consumer mediator free of charge with a view to the amicable resolution of any dispute with NORPHE concerning the performance of these terms, under the conditions set out in Articles L. 611-1 et seq. of the French Consumer Code.

For this purpose, the Buyer may contact the following consumer mediator:

Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rue Saint-Jean 75017 Paris, France
Phone: +33 1 89 47 00 14
https://www.cm2c.net

23 - Governing law

These general terms and conditions are governed by French law.