TERMS AND CONDITIONS
General terms and conditions of sale
OVERVIEW
This website is operated by Smoking-Cocktail, and owned by the company EURLAM E-COM. Throughout the site, the terms "we", "us" and "our" refer to the Smoking-Cocktail website, domain name Smoking-Cocktail.com, being owned by the company EURLAM E-COM. Smoking-Cocktail offers this website, including all information, tools and services available from this site, to you, the user, subject to your acceptance of all terms, conditions, policies and notices set forth herein.
By visiting our site and/or purchasing something from us, you are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available through the hyperlink. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants and/or content contributors.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree with all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools that are added to the current shop will also be subject to the Terms of Use. You may review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not liable if the information made available on this site is not accurate, complete or up-to-date. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting the primary, more accurate, complete or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to make changes to the content of this site.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to change the content of this site at any time, but we have no obligation to update any information on our site. You acknowledge that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES TO SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice.
We will not be liable to you or any third party for any modification, price change, suspension or termination of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products
Certain products or services may be offered exclusively online on the Website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our return policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that the display of any colour on your computer screen will be accurate.
We reserve the right, but are not obliged, to limit the sale of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void or prohibited.
We do not warrant that the quality of products, services, information or other materials purchased or obtained by you will meet your expectations, nor do we warrant that any errors in the Service will be corrected.
SECTION 6 - RESPONSIBILITY FOR ACCOUNTING INFORMATION
We reserve the right to refuse any order you give us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address or telephone number provided at the time of order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can process your transactions and contact you when necessary.
For more details, please see our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
If, at our request, you send us specific submissions (for example, contest entries) or without our request, you send us creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, modify, copy, publish, distribute, translate and otherwise use the Comments you send us in any medium. We are not and will not be required to (1) maintain the confidentiality of any Comments; (2) pay compensation for any Comments; or (3) respond to any Comments.
We may, but have no obligation to monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Comments will not contain any defamatory or otherwise unlawful, abusive or obscene material, or contain any computer viruses or other malicious software that may in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the shop is governed by our Privacy Policy. To view our privacy policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping charges, delivery times and product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if information on the Service or on any related websites is inaccurate at any time without notice (including after you submit your order).
We assume no obligation to update, modify or clarify any information contained in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or update date applied in the Service or on any related web site shall be deemed to indicate that all information in the Service or on any related web site has been changed or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to solicit others to commit or participate in illegal acts; (c) to violate any local, international, federal, provincial or state regulations, rules, laws or ordinances ; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, injure, defame, libel, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability ; (f) provide false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any manner that affects the functionality or operation of the Service or any related website, other websites or the Internet ; (h) to collect or track the personal information of others; (i) for the purposes of spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violation of any of the prohibited uses.
ARTICLE 13 - DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that, from time to time, we may discontinue the Service for indefinite periods or cancel the Service at any time without notice.
You expressly agree that your use of or inability to use the Service is at your own risk. The service and all products and services provided to you through the service are (unless we expressly state otherwise) provided to you "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, express or implied, including any warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Smoking-cocktail, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential injury, loss, claim or damage of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based on contract or tort (including negligence), any and all liability, strict or otherwise, arising out of your use of the service or any product purchased using the service, or for any other claim relating in any way to your use of the service or any product, including, without limitation, any error or omission in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) displayed, transmitted or otherwise made available via the service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 - COMPENSATION
You agree to indemnify, defend and hold harmless Smoking-Cocktail and our parent companies, subsidiaries, affiliates, partners, officers, directors, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms of Service or the documents they reference, or your violation of any law or the rights of any third party.
ARTICLE 15 - SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use, such determination shall not affect the validity and enforceability of the remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities of the parties entered into prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms of Use are in effect until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If, in our sole discretion, you do not comply, or we suspect that you have not complied with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice to you and you will remain liable for all amounts owing up to and including the date of termination; and/or deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any operating policies or rules we post on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any and all prior or contemporaneous understandings, communications and proposals, oral or written, between you and us (including, without limitation, any prior version of these Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the Editorial Board.
ARTICLE 18 - APPLICABLE LAW
These Terms of Use and any separate agreement by which we provide Services to you shall be governed by and construed in accordance with French law.
ARTICLE 19 - MODIFICATION OF THE TERMS OF SERVICE
You can view the most recent version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use or access of our website or the Service following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions regarding the Terms of Use should be directed to us at info@smoking-cocktail.com.
Privacy Policy
This Privacy Policy describes how your personal information is collected, used and shared when you visit or make a purchase on smoking-cocktail.com (the "Site").
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone and some of the cookies that are installed on your device. In addition, when you browse the Site, we collect information about the individual web pages or products you visit, the websites or search terms that link you to the Site and how you interact with the Site. We refer to this automatically collected information as "Device Information".
We collect Device Information using the following technologies:
- Cookies" are data files that are placed on your device or computer and often contain an anonymous unique identifier. For more information about cookies and how to disable them, visit http://www.allaboutcookies.org.
- Log files" are used to track actions on the Site and collect data, including your IP address, browser type, Internet service provider, referring and exit pages, and date and time.
- Web beacons", "tags" and "pixels" are electronic files used to record information about how you navigate the Site.
In addition, when you make or attempt to make a purchase on the Site, we collect certain information about you, including your name, billing address, shipping address, payment information (including credit card numbers), e-mail address, and telephone number. We refer to this information as "Order Information".
When we refer to "Personal Information" in this Privacy Policy, we are referring to both device information and order information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information we generally collect to fulfill any orders placed on the Site (including processing your payment information, arranging for shipping and providing invoices and/or order confirmations). In addition, we use this order information to :
- Communicate with you;
- Review our orders to detect any potential risk of fraud or abuse; and
- When it is consistent with the preferences you have shared with us, provide you with information or advertising about our products or services.
We use the device information we collect to help us detect potential risks and fraud (in particular, your IP address), and more generally to improve and optimise our Site (for example, by generating analyses of how our customers navigate and interact with the Site, and to evaluate the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your personal information with third parties to help us use your personal information as described above. For example, we use Shopify to populate our online shop - you can learn more about how Shopify uses your personal information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site - you can learn more about how Google uses your personal information here: https://www.google.com/intl/en/policies/privacy/. You can also unsubscribe from Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other legal request for information we receive, or to protect our rights.
BEHAVIOURAL ADVERTISING
As described above, we use your personal information to provide you with targeted advertising or marketing communications that we believe may be of interest to you. For more information on how targeted advertising works, you can visit the Networked Advertising Initiative ("NAI") education page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You may opt out of Targeted Advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
In addition, you can unsubscribe from some of these services by visiting the Digital Advertising Alliance's opt-out portal at http://optout.aboutads.info/.
DO NOT FOLLOW
Please note that we do not change the data collection and use practices of our site when we see a "do not track" signal from your browser.
YOUR RIGHTS
If you are a European resident, you have the right to access the personal information we hold about you and to request that your personal information be corrected, updated or deleted. If you wish to exercise this right, please contact us at the contact details below.
In addition, if you are a European resident, we note that we process your information in order to fulfil any contracts that we may have with you (for example, if you place an order on the Site), or to continue our legitimate bus.
DATA RETENTION
When you place an order through the Site, we will keep your Order Information on file with us until you ask us to delete it.
CHANGES
We may update this Privacy Policy from time to time to reflect, for example, changes in our practices or for other operational, legal or regulatory reasons.
CONTACT US
For more information about our privacy practices, if you have any questions or wish to file a complaint, please contact us by email at info@smoking-cocktail.com.
Smoking-Cocktail.com
E-commerce site owned by the company
EURLAM E-COM, SIREN 884823923, domiciled at 66 Avenue des Champs-Élysées, 75008, Paris.