Terms of Service Bigvapoteur.com
Effective date: 29.08.2025
§1. Seller's data and contact
The Seller and administrator of the Website is MISRULE SAS, a French company (Société par actions simplifiée), with its registered office: 36 RUE DU LOUVRE, 75001 Paris, France, VAT (TVA): FR43937998417, SIRET: 937 998 417 00011, registered with RCS Paris.
Contact: contact@bigvapoteur.com, +48 512 370 592; postal correspondence at the headquarters address.
Website available at bigvapoteur.com (hereinafter: "Website" or "Store").
§2. Scope of application and definitions
These regulations (hereinafter: "Regulations") govern the terms of providing services by electronic means, the rules for creating an account, placing orders, and concluding and performing distance sales agreements for goods offered by the Seller to consumers within the European Union and other specified jurisdictions.
The terms used mean:
- Customer - an adult natural person with full legal capacity, making a purchase for a purpose not directly related to their business or professional activity (consumer) or - when explicitly provided - an entrepreneur;
- User - a person who has created an account on the Website;
- Goods - in particular, vaporization liquids (e-liquids), flavors, bases, vaporization devices and accessories, including power elements;
- Order - the Customer's declaration of intent aimed directly at concluding a sales agreement;
- Account - the User's administrative panel on the Website;
- Carrier - the entity performing the transport, selected by the Customer or designated by the Seller on their behalf;
- Country of destination - the country to which the Goods are delivered at the Customer's request.
§3. Language, applicable law, and jurisdiction
- Agreements are concluded in one of the language versions available on the Website. In case of discrepancies, the French version shall prevail.
- The agreements are governed by the law of the French Republic, respecting the mandatory consumer protection provisions of the Customer's country of habitual residence.
- All disputes shall be settled by the common courts in Paris, without prejudice to the consumer's procedural rights under their national law and the right to use the ODR (EU) platform.
§4. Access to the Website, Account, and age verification
- The Website is intended exclusively for adults (18+). The Seller reserves the right to use age verification measures, including declarations, payment authorization, or limited verification of an identity document (masking unnecessary data).
- Account registration is voluntary. The User is obliged to provide true and current data and to protect the confidentiality of login data.
- The Seller may refuse to conclude an agreement or terminate it in case of reasonable suspicion of violation of age restrictions, illegal trafficking, payment fraud, or other violations of the law.
§5. Information about Goods and safety
- Some Goods may contain nicotine – a highly addictive substance. The products are not medical or pharmaceutical products and are not intended for treating addiction.
- Use according to the manufacturer's instructions is recommended; not recommended for pregnant women, people with cardiovascular and respiratory diseases, or people hypersensitive to the ingredients.
- In the case of power elements (batteries), the Customer should use only compatible chargers and take special precautions; damage resulting from improper use does not constitute non-conformity with the agreement.
- Photos and descriptions of Goods are for informational purposes; differences resulting from production batches do not affect the conformity of the Goods with the agreement, provided they are not significant.
§6. Prices, currencies, VAT, and invoicing
- Prices are quoted in the currency indicated on the Website and include VAT (gross prices), unless expressly stated otherwise.
- In the case of intra-community B2C sales, the Seller uses the OSS (One-Stop Shop) procedure, collecting VAT at the rate applicable in the Customer's country of habitual residence and keeping the required records (as a rule, for 10 years).
- Prices do not include delivery costs, customs duties, taxes, or fees arising outside of France; these costs are borne separately by the Customer, in accordance with §8 and §9.
- Available payment methods and any fees are indicated each time during the ordering process.
§7. Placing Orders and concluding the agreement
- Presentations of Goods and commercial information on the Website are for informational purposes and do not constitute an offer within the meaning of the relevant regulations. Placing an Order by the Customer constitutes an offer to conclude an agreement. The agreement is concluded when the Seller sends an explicit confirmation of acceptance of the Order for processing or upon starting preparation for shipment, of which the Customer is informed.
- The condition for processing the Order may be prior payment authorization or its booking.
- The Seller reserves the right to refuse to process an Order for important reasons, in particular: lack of payment, negative age verification, reasonable risk of law violation in the country of destination, reasonable suspicion of fraud.
§8. Delivery, transfer of risk, and organization of transport
- Deliveries are made from the territory of France to the address indicated by the Customer.
- As a rule, the Customer chooses the Carrier and commissions the transport in their own name. If the Customer uses the "shipping via the Seller" option, the Seller acts solely as the Customer's agent in concluding the transport agreement (selection of the Carrier and dispatch of the shipment). It follows that the cost and risk of transport – from the moment the shipment is handed over to the Carrier – are borne by the Customer (a solution similar to Incoterms® FCA – Paris), unless mandatory consumer regulations state otherwise.
- Delivery times are indicative. Delays caused by the Carrier's actions, control by public authorities, or fiscal-customs formalities do not constitute improper performance of the agreement by the Seller.
- In some countries, full tracking is activated after the shipment is taken over by the local operator; the Customer will be informed about this on the Website and in the confirmation email.
§9. Public law obligations in the country of destination (taxes, excise duty, customs)
- The Customer acknowledges that in some jurisdictions, Goods (especially vaporization liquids) may be subject to national excise duties, customs duties, or other public fees and labeling/reporting requirements.
- In such cases, these obligations are borne by the buyer/recipient in accordance with the law of the country of destination (e.g., declaration and payment of excise duty, customs, meeting labeling requirements). The OSS procedure applies only to VAT and does not replace excise tax or customs requirements.
- The Customer undertakes to fulfill the above obligations independently and to release the Seller from liability for the consequences of their non-fulfillment (including detention/confiscation of the goods by authorities).
- The delivery organization rules specified in §8(2) serve to clearly and transparently define the roles of the parties in cross-border transport; the Customer's choice of delivery method does not affect the statutory consumer rights arising from mandatory provisions.
- The Customer, by placing an Order for delivery outside of France, acts as an importer within the meaning of the laws of the country of destination and bears full responsibility for fulfilling customs, excise, and tax obligations related to the import of the Goods.
- The Seller does not provide customs or fiscal services in the territory of the country of destination and does not act as a tax representative, customs agent, or payer of local taxes. All obligations in this regard are performed by the Customer.
- The Customer acknowledges that in the event of detention, seizure, or confiscation of the Goods by public authorities due to non-payment of public dues in the country of destination, the Seller – to the fullest extent permitted by applicable consumer law – is not liable and is not obliged to refund the price or costs, without prejudice to the Customer's rights under mandatory consumer protection provisions.
- No provision of these Regulations may be interpreted as transferring tax or excise duties in the country of destination to the Seller.
§10. Conformity of Goods with the agreement and liability
- The consumer has a statutory right to withdraw from a distance contract within the period provided by applicable law (as a rule, 14 days), calculated from the delivery of the Goods.
- The right of withdrawal does not apply to goods sealed for health protection or hygiene reasons, if the packaging was opened after delivery (e.g., e-liquids, mouthpieces), nor when the subject of the service is goods made to the Customer's specifications.
- The payment refund occurs within the statutory period after receiving the declaration and the Goods (if required), via the same payment channel, unless the Customer has expressly agreed to another method.
- The cost of returning the Goods is borne by the Customer, unless the Seller has expressly provided otherwise.
§11. Prices, currencies, VAT, and invoicing
- The Seller is liable to the consumer for the conformity of the Goods with the agreement on the principles resulting from mandatory consumer law provisions (implementation of Directive 2019/771/EU).
- Regardless of the above, selected Goods may be covered by a manufacturer's warranty – its scope and duration are specified in the warranty document. The warranty does not exclude, limit, or suspend the consumer's statutory rights.
- The Seller is not liable for damages resulting from improper use of the Goods or failure to follow the manufacturer's instructions.
§12. Complaint procedure, mediation, and ODR
- Complaints should be submitted via the form in the Account or to the email address: claims@bigvapoteur.com; it is recommended to provide the Order number, a description of the non-conformity, and the request.
- The Seller will respond within a reasonable time, in accordance with the applicable law.
- The Seller provides for the possibility of consumer mediation in accordance with French law; the details of the competent mediator will be indicated on the Website. The Customer can also use the ODR platform.
§13. Limitations of liability
- Within the limits permitted by consumer law, the Seller is not liable for: (I) the Customer's failure to fulfill fiscal-customs duties in the country of destination, (II) the Carrier's actions, (III) decisions of public authorities resulting in the detention, destruction, or confiscation of the Goods.
- The provisions of this paragraph do not exclude the Seller's liability for personal injury or willful misconduct.
§14. Intellectual property and User content
- The content available on the Website (text, graphics, layout, trademarks) is subject to legal protection; its recording or dissemination without the Seller's consent is prohibited.
- By publishing a review, the User grants the Seller a non-exclusive, royalty-free license to display it on the Website and in promotional materials.
§15. Force majeure
- The parties are not liable for non-performance of obligations caused by events they could not foresee or prevent (including actions of authorities, border blockades, supply chain disruptions, epidemics, public system failures).
§16. Changes to the Regulations and archiving
- The Seller may change the Regulations for important reasons (including changes in law, changes in offer, technology). The previous version applies to agreements concluded before the change.
- The Website maintains an archive of the Regulations versions available for Users to review.