Commercial guarantee contract

Commercial guarantee contract: first-order guarantee

This commercial guarantee contract is provided to you free of charge with your first order. It is in addition to your legal rights and does not replace them.

Guarantor

Hookah International Inc., a company governed by US law (corporation) registered in the State of [STATE OF REGISTRATION], 141 East 33rd Street, New York, NY 10016, United States, registration no. [REGISTRATION NUMBER]. Phone: +1 917 664 7465. Email: support@maxpouches.fr. Form: Contact page.

What the guarantee covers

If your first order on this site does not satisfy you, we refund it, without you having to send the cans back to us.

  • Amount: the amount paid for the first order (products and shipping), up to a limit of €24.90 including tax.
  • Duration: the request must be made within 30 days of receiving the first order.
  • Price: the guarantee is free.
  • Territorial scope: orders delivered in the countries served by the site (mainland France, Belgium, Switzerland, Luxembourg, United States).
  • Beneficiary: only one guarantee per household, that is, per person and per shipping address.

How to use it

  • Write to us from the Contact page or at support@maxpouches.fr, with your order number and, in a few words, the reason for your request.
  • We reply by email and, if the conditions are met, we refund you to the payment method used for the order, within 14 days of our reply.
  • You do not have to send the cans back.

Exclusions

  • Orders other than the first order placed on this site by the household.
  • Requests made more than 30 days after receiving the first order.
  • The part of the amount paid that exceeds €24.90 including tax.
  • Orders already refunded, in whole or in part, under the right of withdrawal or another guarantee.
  • Purchases intended for resale and orders placed by a business.
  • Fraudulent requests, for example several accounts or addresses used for the same household.

Subscription

If your first order is a subscription, the guarantee covers the first shipment, within the same limit of €24.90 including tax. It does not end the subscription: to stop it, use Cancel your contract.

What this guarantee adds to your legal rights

Independently of this commercial guarantee, we remain bound by the legal guarantee of conformity, under the conditions of Articles L217-1 to L217-32 of the French Consumer Code, and by the guarantee against hidden defects, under the conditions of Articles 1641 to 1649 of the French Civil Code. Throughout the duration of the legal guarantee of conformity, the first-order guarantee also gives you the right to be refunded simply because you are not satisfied, with no defect to prove and without sending the cans back, under the conditions above. It does not reduce your 14-day right of withdrawal either.

Legal guarantees

The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The legal guarantee of conformity entails an obligation for the trader, where applicable, to provide all the updates necessary to keep the goods in conformity.

The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, at no cost and without significant inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date the goods are replaced.

The consumer may obtain a reduction in the purchase price while keeping the goods, or end the contract and be refunded in full in exchange for returning the goods, if:

1° The trader refuses to repair or replace the goods;

2° The repair or replacement of the goods takes place after a period of thirty days;

3° The repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request the repair or replacement of the goods first.

The consumer is not entitled to termination of the sale if the lack of conformity is minor.

Any period during which the goods are out of use for repair or replacement suspends the remaining guarantee period until delivery of the goods restored to working order.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee gives entitlement to a price reduction if the goods are kept or to a full refund in exchange for returning the goods.

This contract is accessible at any time on this page and is sent to you with the confirmation of your first order.