Terms of service

Article 1. Purpose and scope

These general terms of sale (the “Terms”) govern sales of MAX products concluded on the maxpouches.fr site between Hookah International Inc. and any natural person of legal age acting for non-business purposes (the “customer”). They apply to one-time purchases and to the subscription.

The customer accepts them by checking the box provided before confirming their order. The applicable Terms are those in force on the date of the order. They are accessible at any time on this page, can be downloaded and printed, and are attached, as a link, to the order confirmation email.

Article 2. Seller

Hookah International Inc., a company governed by US law (corporation) registered in the State of [STATE OF REGISTRATION], registered office: 141 East 33rd Street, New York, NY 10016, United States, registered under number [REGISTRATION NUMBER], European Union VAT number (OSS or IOSS one-stop shop): [EU VAT NUMBER].

Phone: +1 917 664 7465. Email: support@maxpouches.fr. Form: Contact page.

EPR unique identifier (household packaging, Citeo): [CITEO UNIQUE ID].

The seller is the guarantor of the legal guarantee of conformity, the guarantee against hidden defects and the commercial guarantee on the first order, at the contact details above.

Article 3. Products

MAX products are food supplements sold in cans of 20 pouches to be placed under the lip, with no nicotine and no tobacco:

  • MAX FOCUS (Ice Mint, Red Berries, Citrus), with no caffeine: paraxanthine (Enfinity® PX) 50 mg, L-theanine 50 mg, Alpha-GPC 50 mg, Panax ginseng extract 25 mg, vitamins B6 and B12 per pouch;
  • MAX ENERGY (Sweet Mint, Peach, Blueberry): 180 mg of caffeine per pouch, L-theanine, vitamins B3, B6 and B12.

Recommended daily serving: 2 pouches a day at most, one pouch at a time. They are declared to the DGCCRF (Compl'Alim online procedure, number [COMPL'ALIM NUMBER]).

The essential characteristics of each product (composition, statements, directions for use, precautions) are given on its product page and on the packaging. The customer is invited to read them before ordering, in particular: reserved for adults (18 and over); not recommended for children or for pregnant or breastfeeding women; MAX ENERGY contains caffeine; do not exceed the recommended daily serving; keep out of reach of young children. Food supplements must not be used as a substitute for a varied, balanced diet and a healthy lifestyle.

The offers available are:

  • the one-time purchase, by the can, at the price shown on the site;
  • volume discounts on the same order, across all flavors: 15% off from 3 cans, 20% off from 6, 25% off from 9;
  • the subscription: one shipment every 30 days, each can 10% cheaper than as a one-time purchase, with volume discounts on top (Article 10).

The products are offered while stocks last. If a flavor is sold out, it cannot be selected. The visuals are non-contractual.

Article 4. Sale reserved for adults

The sale is reserved for persons aged 18 or over. By placing an order, the customer declares that they are 18 or over. The seller may cancel and refund any order if it appears that this condition is not met.

Article 5. Prices

Prices are stated in euros, all taxes included, excluding shipping costs unless stated otherwise. Shipping costs are stated before the order is confirmed (Article 8). The applicable price is the one shown at the time the order is confirmed, subject to Article 10 for the subscription.

Article 6. Order

To order, the customer:

  • chooses their product or offer, the number of cans, the flavors and the purchase option (one-time purchase or subscription);
  • confirms in the cart that they are 18 or over;
  • gives their contact details and shipping address;
  • checks the summary of their order (products, contents, price, shipping costs and, for a subscription, the frequency and the amount charged for each shipment), and can correct any error;
  • accepts these Terms;
  • confirms their order by clicking the payment button, which mentions the obligation to pay, then pays.

The contract is concluded when the payment is confirmed. The seller sends the customer, by email, an order confirmation that reproduces the essential elements of the contract, with a link to these Terms, the model withdrawal form, the “Withdraw from the contract here” link and the commercial guarantee contract for the first order.

The seller archives orders and invoices on a reliable and durable medium. The customer can obtain a copy on request at support@maxpouches.fr.

The seller may refuse an order in the event of a previous payment dispute with the customer or of an order that is abnormal for personal use.

Article 7. Payment

Payment is due when the order is placed. It is made by bank card, Apple Pay, Google Pay or Shop Pay, through Shopify Payments. Payments are secured by this provider: the seller does not have access to card numbers.

For a subscription, the customer authorizes the amount of each shipment, shown when subscribing, to be charged to the payment method used, as set out in Article 10.

Article 8. Delivery

Area: mainland France, Belgium, Switzerland, Luxembourg and the United States.

Costs: €3.90 for an order of fewer than 5 cans delivered in France, Belgium, Switzerland or Luxembourg; in the United States, Standard or Express rate shown before payment. Free standard shipping from 5 cans in the same order or the same subscription shipment; Express shipping to the United States stays paid.

Time: the delivery time is stated when the order is placed. Failing that, the order is delivered no later than 30 days after it is confirmed (Article L216-1 of the French Consumer Code). For a subscription, the same period runs from the date of each charge.

Tracking: the customer receives an email with the tracking number when the order ships.

Delay: if this time is exceeded, the customer may, after calling on the seller to deliver within a reasonable additional period, terminate the contract in writing if delivery has not taken place within that period, in accordance with Article L216-6 of the French Consumer Code. They are then refunded all sums paid within 14 days.

Transfer of risk: any risk of loss of or damage to the products passes to the customer at the moment when they, or a third party designated by them, take physical possession of the products (Article L216-2 of the French Consumer Code).

In the event of a damaged or incomplete parcel, the customer is invited to notify the seller from the Contact page, with a photo if possible, so that the seller can take action with the carrier. This step does not deprive the customer of any of their legal rights.

Article 9. Right of withdrawal

Period: the customer has a period of 14 days to withdraw, without having to give a reason for their decision or bear any costs other than the direct costs of return. This period runs from the day on which the customer, or a third party other than the carrier and designated by them, takes physical possession of the products. For an order delivered in several parcels, it runs from receipt of the last parcel. For a subscription, it runs from receipt of the first shipment; the withdrawal then ends the subscription.

Exercise: the customer gives notice of their decision before the period expires:

  • online, using the “Withdraw from the contract here” function available at the bottom of every page and at /pages/retractation, then the “Confirm withdrawal” button. The seller then sends them, without delay, an acknowledgment of receipt on a durable medium (email), which reproduces the content of their statement and the date and time it was sent;
  • or by any other unambiguous statement, by email to support@maxpouches.fr or by mail to 141 East 33rd Street, New York, NY 10016, United States, using, if they wish, the model form reproduced in the appendix.

Return: the customer sends the products back to the address given in the seller's acknowledgment of receipt, without undue delay and no later than 14 days after communicating their decision. The direct costs of return are theirs to pay. They are liable only for any loss in value of the products resulting from handling other than what is necessary to establish their nature and characteristics.

Refund: the seller refunds all sums paid, including standard shipping costs, without undue delay and no later than 14 days after being informed of the customer's decision. The seller may withhold the refund until the products are recovered or until the customer has provided proof that they have been shipped, whichever comes first. The refund is made using the same payment method as the one used for the order, unless the customer expressly agrees to another method, and at no cost to them. If the customer sends back only some of the cans from an order or a shipment, the refund covers the cans sent back, in proportion to the price paid.

If the can has a seal: the right of withdrawal cannot be exercised for cans unsealed by the customer after delivery, which cannot be returned for reasons of hygiene or health protection (Article L221-28, 5°, of the French Consumer Code).

Article 10. Subscription

Purpose: the subscription is a contract of indefinite duration, with no minimum term, under which the customer receives every 30 days the cans and flavors chosen when subscribing.

Price and payment: each can is 10% cheaper than as a one-time purchase; the volume discounts in Article 3 apply on top, according to the number of cans in the shipment. The amount of each shipment is shown before confirmation and repeated in the confirmation email. The first shipment is paid for on the day of subscription; each following shipment is charged on its date, every 30 days, to the payment method used when subscribing.

Management: from their customer account, accessible with their email address and a code received by email, with no password, the customer can check the date of the next shipment, push it back or skip it, and update their payment method. To change flavors, they write to the seller from the Contact page.

Declined payment: if a charge fails, the seller informs the customer by email and the shipment is put on hold until the payment is settled. No shipment is sent without payment.

Price changes: the seller may change the price of the subscription. The seller informs the customer by email at least 30 days before the new price applies. The customer can cancel at no cost before that date; otherwise, the new price applies to the following shipments. No other change to the essential characteristics of the subscription (contents, frequency) is applied without the customer's express agreement.

Cancellation by the customer: the customer can cancel at any time, at no cost, without notice and without giving a reason:

  • online, from their customer account or using the “Cancel your contract” function accessible at the bottom of every page and at /pages/resilier;
  • or through the contact form, by email to support@maxpouches.fr or by mail to 141 East 33rd Street, New York, NY 10016, United States, giving their first and last name, the email address of their order, the reference of their order or subscription if possible and the desired cancellation date.

The seller confirms receipt of the notice and informs the customer, by email, of the date on which the contract ends and of the effects of the cancellation. The cancellation takes effect on the date requested and at the earliest on its receipt: no charge or shipment takes place afterward. A shipment already charged before the cancellation is delivered.

Cancellation by the seller: the seller may end the subscription, in particular if it stops selling a product, by notifying the customer by email at least 30 days in advance. Shipments already paid for are delivered or refunded.

The subscription rules are also summarized in the subscription policy.

Article 11. Legal guarantees

The seller is bound by the legal guarantee of conformity (Articles L217-1 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code). To invoke them, the customer contacts the seller at the contact details in Article 2.

Information box: 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.

Reference texts

Article L217-3 of the French Consumer Code: The seller delivers goods that conform to the contract and to the criteria set out in Article L. 217-5. The seller is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1 that appears within two years of delivery. In the case of a contract for the sale of goods with digital elements: 1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not determine the supply period, the seller is liable for any lack of conformity of that digital content or digital service that appears within two years of delivery of the goods; 2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of that digital content or digital service that appears during the period in which it is supplied under the contract. For such goods, the applicable period does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19. The seller is also liable, during the same periods, for any lack of conformity resulting from the packaging, the assembly instructions, or the installation where the contract made the seller responsible for it or it was carried out under the seller's responsibility, or where incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller. This guarantee period applies without prejudice to Articles 2224 et seq. of the French Civil Code. The limitation period for the consumer's action starts on the day the consumer becomes aware of the lack of conformity.

Article L217-4 of the French Consumer Code: The goods conform to the contract if they meet, in particular and where applicable, the following criteria: 1° They correspond to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° They are fit for any special purpose sought by the consumer, made known to the seller at the latest when the contract was concluded and which the seller accepted; 3° They are delivered with all the accessories and installation instructions that must be supplied in accordance with the contract; 4° They are updated in accordance with the contract.

Article L217-5 of the French Consumer Code: I.-In addition to the criteria of conformity to the contract, the goods are in conformity if they meet the following criteria: 1° They are fit for the purpose usually expected of goods of the same type, taking into account, where relevant, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the sector concerned; 2° Where applicable, they have the qualities that the seller presented to the consumer in the form of a sample or model, before the contract was concluded; 3° Where applicable, the digital elements they contain are supplied in the most recent version available at the time the contract is concluded, unless the parties agree otherwise; 4° Where applicable, they are delivered with all the accessories, including the packaging, and the installation instructions that the consumer can legitimately expect; 5° Where applicable, they are supplied with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19; 6° They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods and to the public statements made by the seller, by any person earlier in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling. II.-However, the seller is not bound by any public statements mentioned in the preceding paragraph if the seller shows: 1° That the seller was not aware of them and could not legitimately have been aware of them; 2° That at the time the contract was concluded, the public statements had been corrected under conditions comparable to the initial statements; or 3° That the public statements could not have influenced the purchase decision. III.-The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the goods of which they were specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which they expressly and separately consented when the contract was concluded.

Article L217-7 of the French Consumer Code: Any lack of conformity that appears within twenty-four months of delivery of the goods, including goods with digital elements, is presumed, unless proven otherwise, to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect invoked. For second-hand goods, this period is set at twelve months. Where the contract for the sale of goods with digital elements provides for the continuous supply of digital content or a digital service, any lack of conformity is presumed to have existed at the time of delivery of the goods if it appears: 1° Within two years of delivery of the goods, where the contract provides for this supply for a period of two years or less or where the contract does not determine the supply period; 2° During the period in which the digital content or digital service is supplied under the contract, where the contract provides for this supply for a period of more than two years.

Article 1641 of the French Civil Code: The seller is bound by the guarantee against hidden defects in the thing sold that make it unfit for the use for which it is intended, or that so reduce that use that the buyer would not have acquired it, or would have paid only a lower price for it, had they known of them.

Article 1648, first paragraph, of the French Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

Article 12. Commercial guarantee on the first order

The customer's first order benefits from a free commercial guarantee, under the conditions of the commercial guarantee contract: refund on a reasoned request made within 30 days of receipt, without sending the cans back, up to a limit of €24.90 including tax and one guarantee per household. This guarantee is in addition to the legal guarantees in Article 11 and the right of withdrawal in Article 9, without reducing them.

Article 13. Customer service and complaints

For any question or complaint: Contact page, support@maxpouches.fr, +1 917 664 7465 or by mail to 141 East 33rd Street, New York, NY 10016, United States.

Article 14. Consumer mediation

After a written complaint that has not been resolved satisfactorily, the customer may refer the matter free of charge to the consumer mediator to which the seller belongs: [MEDIATOR: NAME, ADDRESS, WEBSITE]. The matter must be referred to the mediator within one year of the written complaint. The conditions are detailed on the Mediation page.

Article 15. Force majeure

Neither party is liable for a failure caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code. If the impediment lasts more than 30 days, either party may terminate the contract in writing; the sums paid for products not delivered are then refunded.

Article 16. Personal data

The customer's data is processed by the seller, as data controller, to manage orders, the subscription, customer relations and, with the customer's consent or in the cases provided for by law, direct marketing. The recipients, retention periods and the customer's rights are described in the privacy policy and the cookie policy.

If the customer gives their phone number, they can register free of charge on the Bloctel telemarketing opt-out list (bloctel.gouv.fr).

Article 17. Intellectual property

The MAX brand and the site's texts, visuals and elements are the property of the seller or are used with permission. Any reproduction without written consent is prohibited.

Article 18. Changes to the Terms

The seller may change these Terms. The applicable Terms are those in force on the date of the order. For the subscription, any change is notified to the customer by email at least 30 days before it applies; the customer can cancel at no cost before that date.

Article 19. Governing law and disputes

These Terms are governed by French law. They do not deprive the customer of the protection afforded by the mandatory provisions of the law of their country of habitual residence. In the event of a dispute, the customer may bring the matter, at their choice, before the court of the place where they were living at the time the contract was concluded or the harmful event occurred, or before any other court having jurisdiction under the French Code of Civil Procedure.

Appendix. Model withdrawal form

(Appendix to Article R221-1 of the French Consumer Code)

(Please complete and return this form only if you wish to withdraw from the contract.)

To Hookah International Inc., 141 East 33rd Street, New York, NY 10016, United States, support@maxpouches.fr:

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*)/for the provision of the following service (*):

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.