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Terms of Sales
Article 1. General stipulations
The present conditions apply to the sale of products by lungspoetry.com. They are made available to the purchaser on the home page of the website www.lungspoetry.com. The purchaser may click on “General Terms and Conditions of Sale” to find out the conditions of his order, even before he begins the ordering process. Thus, placing an order implies the buyer’s full and unreserved acceptance of these General Terms and Conditions of Sale. No special condition may, unless formally accepted in writing by the seller, prevail over the GTC. Any contrary condition opposed by the buyer will, therefore, in the absence of express acceptance, be unenforceable against the seller, regardless of when it may have been brought to the seller’s attention. Consequently, in the absence of a specific stipulation in the present conditions and agreed upon in writing by the parties, orders are automatically subject to the present general conditions of sale, regardless of any clauses that may appear on the buyer’s documents. The offers on lungspoetry.com are exclusively reserved for private customers, to the exclusion of professional resellers. The purchaser declares that he/she has read and accepted the present General Conditions of Sale before placing his/her order. The validation of the order therefore implies acceptance of these General Conditions of Sale. As these may be subject to change, the conditions applicable are those in force on our website on the date the order is placed. For any additional information, please contact us by telephone: 0677647477 , or by e-mail paola@lungspoetry.com.
Article 2. Legal information
By virtue of order no. 59-107 of 7 January 1959, which stipulates the prohibition of the sale of alcohol to minors, law no. 74-631 of 5 July 1974, the purchaser undertakes, by ticking the box “I accept the GTC and I am over eighteen (18) years of age” provided for this purpose, to be over eighteen (18) years of age on the date of the order on lungspoetry.com Data processing and liberties: Pursuant to Article 27 of Law No. 78-17 of 6 January 1978, the personal data provided by the purchaser may give rise to the exercise of the right of access and rectification with lungspoetry.com. The present site is subject to a declaration to the CNIL. In order to meet the needs of our customers and to ensure a quality remote service, we are required to record certain personal data (surname, first name, address). This information is intended exclusively for lungspoetry.com. Payments by credit card are secured by an online payment system (via our partner Stripe). Therefore, all bank information that you provide to us during your online purchase is neither stored nor visible on the Internet. lungspoetry.com guarantees the confidentiality of your data.
Article 3. Products
The descriptions of the products and other information present throughout the site in the form of text or images are of a descriptive nature. Under no circumstances shall lungspoetry.com be held responsible if these descriptions contain certain errors concerning the products. Also, the photos, as well as the assessments of the products, are given for information purposes only and have no contractual value.
Article 4. Orders and payments
Orders only become final once they have been confirmed by the payment of the total price by the buyer. The payment of products can be made by credit card (via our partner Stripe). Payment is made in full as soon as the customer confirms the order on the website. All transactions made with a credit or debit card are debited at the time of purchase. An order confirmation will be sent by e-mail, and an invoice drawn up by lungspoetry.com will be available in the “my account” section on the site. If the customer so requests, an invoice may be sent to him by e-mail or to his billing address. Payments by credit card are secured by an online payment system that complies with the most demanding standards: ISO/IEC 27001:2013. Furthermore, all bank information communicated by the buyer during the online purchase is neither stored nor visible on the Internet. lungspoetry.com certifies the confidentiality of the buyer’s data. The products remain the property of lungspoetry.com until full payment of the invoices, in accordance with the terms of Law No. 80 336 of May 1, 1980, relating to retention of title. All offers on lungspoetry.com are subject to availability and are not binding, unless sold in the meantime. In the event of a shortage of a product purchased and stipulated as being “in stock” on the site, lungspoetry.com undertakes to contact the purchaser within 72 hours to agree on a change or partial or full reimbursement of the order (at the customer’s convenience). Considering the rare or speculative nature of certain products, restrictions on the quantities available may be applied. In this case, the quantity available is limited to one household (same name, same address, same email address, same account holder or credit card holder), lungspoetry.com therefore reserves the right to refuse an order if there is any doubt about the existence of a previous order for such a product. Lung’s poetry will also contact the buyer within 72 hours to agree on a change or a partial or full refund of the order (at the customer’s discretion).
Article 5. Prices
The prices are in Euros (€) and are displayed including all French taxes (French VAT and all other applicable taxes) subject to typographical and display errors. The price indicated on the product sheet does not include shipping costs. Shipping costs are charged according to the country of destination and the number of items ordered, as well as the mode of transport chosen. The total amount due, indicated in the order confirmation by lungspoetry.com, is the final price to be paid, expressed all taxes included (French VAT and all other applicable taxes): this price includes the price of the products, the handling, packaging and conservation costs of the products, the administrative costs and the transport costs. lungspoetry.com reserves the right to modify its sales prices at any time. All promotional operations (vouchers, discount vouchers, partner discounts, etc.) are limited to the use of one person per household and per operation. lungspoetry.com reserves the right to refuse orders that do not meet this criterion. Important: the buyer must select the country of delivery to see the products displayed at the prices corresponding to the country of delivery chosen. The delivery costs applicable at the time of ordering are available on the site as well as the details of the delivery rates in the delivery section.
Article 6. Delivery and Reception
lungspoetry.com provides delivery in metropolitan France. The different delivery options are also available in detail in the delivery section. lungspoetry.com accepts the order and launches the delivery operations upon receipt of payment and after verification. The delivery of the ordered items is made to the purchaser’s home or to any other address indicated at the time of the order, a relay point option is also available. The information provided by the buyer when placing the order is binding: in the event of an error in the recipient’s details or incomplete information, the seller cannot be held responsible for the impossibility of delivering the product. In case of return of the goods for incomplete address, the buyer will be offered two alternatives:
- reshipment of the goods after payment of the return costs
- refund of the order after deduction of the delivery costs. Orders can be delivered in one go to one point.
Pre-ordered products are indicated as being dispatched “within 10 days”. In the case of an order including products in stock and pre-ordered products, the shipment will take place according to the delays inherent to the latter.
Article 7. Delivery times and cases of force majeure
lungspoetry.com undertakes to do its utmost to dispatch orders as soon as possible, and to respect the deadlines as indicated on the site and on each product sheet. However, delivery times may vary depending on the availability of the product, the type of transport chosen, and the country of destination of the goods. If the buyer orders different products with different delivery times, the longest delivery time will apply to the entire order. The delivery shall be made within the agreed period by handing over the product directly to the recipient or, in the event of absence, by notification of readiness for delivery. If delivery cannot be made within this period, the buyer will be informed as soon as possible and may cancel the order and obtain the complete cancellation of the sale. He may then request an exchange of the product(s) or a full refund of his order. The delivery time starts from the validation of the order, i.e. the reception of the totality of the payment, of the banking authorization (on-line bank card) and of the verifications. To find out all the delivery details, click on the delivery section. The following are considered as cases of force majeure discharging the seller from his obligation to deliver: legislative changes, war, riots, strikes, floods, shortages, lock-outs, earthquakes, storms, fires and epidemics. The goods always travel at the recipient’s risk. Therefore, it is the responsibility of the buyer to check the contents of the package at the time of delivery and to express any reservations, if necessary, as follows: on the delivery slip provided by the carrier or by immediately calling the carrier’s customer service department in the presence of the delivery person. And, in all cases, by notifying the company lungspoetry.com by letter addressed to its correspondence address within 21 days after receipt of the package AND by e-mail to paola@lungspoetry.com
The customer is responsible for providing the seller with accurate information concerning the recipient’s address. In the event of an error, lungspoetry.com cannot be held responsible for the impossibility of delivering the goods at the desired place and time.
If the delivery time is exceeded, this may not give rise to damages, deductions or cancellation of orders in progress. However, if one month after written complaint by the customer, the goods have still not been delivered, the sale may be cancelled at the initiative of either party. The customer shall obtain restitution of his payment to the exclusion of any other compensation or damages, at the latest within one month.
Article 8. Out of stock
If a product ordered is permanently out of stock, lungspoetry.com undertakes to inform the purchaser as soon as possible and to offer several alternatives: either replacement by the next vintage or by an equivalent or higher quality product at the same price. Or the reimbursement of the unavailable product(s) or the entire order (depending on the customer’s choice).
If a product is temporarily out of stock, lungspoetry.com will contact the purchaser to offer him/her to wait until the date of restocking which will be specified or, if this is not accepted, the customer may request the partial or complete cancellation of his/her order and the product(s) will thus be reimbursed.
Article 9. Verification of identity
lungspoetry.com reserves the right to verify the identity of the Customer. Personal data” refers to information concerning the Customer as a natural person, voluntarily communicated by the Customer. Personal data thus includes nominative data (such as surname, first names, e-mail address, postal address, telephone number). In the event of refusal on the part of the purchaser or of non-conformity of the documents, lungspoetry.com may demand payment by bank transfer in exchange for cancellation of the bank transaction.
Article 10. Data protection
The personal information collected by lungspoetry.com is intended to better respond to requests and to process the purchaser’s orders. In accordance with the French law “Informatique et libertés” n°78-17 of 6 January 1978 modified in 2004 and the European regulation on data protection, the customer has a right of access and rectification of information concerning him/her as well as a right of opposition to the processing of his/her data and of portability. To exercise one of these rights, the Customer can send a letter to the following address
Lung’s poetry
Service Client
69008 LYON
Personal data” refers to information concerning the Customer as a natural person, voluntarily communicated by the Customer. Personal data thus includes nominative data (such as surnames, first names, e-mail address, postal address, telephone number). lungspoetry.com protects the Customer’s privacy by respecting the legislation in force.
Article 11. Right of withdrawal
Pursuant to the provisions of Article L.121-20 of the Consumer Code, the purchaser has a period of 14 clear days from the delivery of his/her order to return the product to the seller, for exchange or reimbursement, at the purchaser’s choice, in good condition and in its original packaging with the original invoice. In the event that certain products have been opened or consumed, these products will be deducted from the refund made to the buyer. The return costs are at the buyer’s expense. The goods travel at the buyer’s risk. The buyer shall have the choice of carrier. Furthermore, if the customer notes an anomaly on the part of lungspoetry.com (e.g.: product delivered not conforming to the product requested), lungspoetry.com will reimburse the price of the product and the shipping costs, only if the products are returned in the same condition.
Article 12. Disputes
The present general conditions of sale are subject to the application of French law. In the event of a dispute, we invite the customer to contact the company as a priority in order to obtain an amicable solution. In application of article L.612-1 of the Consumer Code, “any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute which opposes him to a professional. Failing this, all disputes arising from the execution of an order or the interpretation of these conditions and more generally of agreements of any kind concluded between the parties will be the responsibility of the court. In the event of non-payment, an indemnity of 10% of the invoice amount (minimum of 45 euros) will be demanded, all without prejudice to damages for abusive resistance.
Article 13: Liability in the event of website failure or suspension of service
In the event of an interruption in access to the website, and/or any malfunction or technical failure whatsoever, and regardless of its duration or frequency, lungspoetry.com declines all responsibility. In case of need, any user can contact the order service by telephone and by e-mail available in the contact section.
Article 14 : Legal guarantee of conformity and legal guarantee of hidden defects
lungspoetry.com is the guarantor of the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code or the guarantee of defects in the item sold within the meaning of articles 1641 and following of the Civil Code.
The guarantee is applicable on presentation of the purchase invoice.
Defects or deterioration caused by natural wear and tear or by non-conforming use, or by modifications made by the Customer or a third party, not provided for or specified by lungspoetry.com, are excluded from the warranty.
Moreover, the legal warranty does not apply when the damage is linked to an external cause of the product such as an accident, shock, lightning, current fluctuation, electrical overload, etc., or due to the Customer’s actions such as failure to comply with the product’s usage standards.
Cases of non-compliance with the standards of use of the Product include, in particular, outdoor use, use of containers not supplied by lungspoetry.com, use after opening, etc.
It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the Product.
Thus, it is recalled that in accordance with Article 1641 of the Civil Code, the buyer may decide to implement the warranty against hidden defects of the thing sold. In this case, he/she may choose between the cancellation of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
A hidden defect is defined as a manufacturing defect in the Product that renders it unfit for use and that could not be detected by the Customer prior to its use. The Seller does not cover damage and wear resulting from an adaptation or special assembly, whether abnormal or not, of its Products, unless this has been carried out under its supervision.
In any event, the Customer must prove the date of commencement of use.
In the event that the legal guarantee of conformity is implemented, it is recalled that the legal provisions stipulate that :
the buyer has a period of 2 years from the delivery of the goods to act;
the buyer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-17 of the Consumer Code;
the buyer is exempted from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.
The Customer undertakes not to damage the physical integrity of the Product.
In accordance with the provisions of Article L. 217-7 of the French Consumer Code, “The seller may rebut this presumption if it is not compatible with the nature of the goods or the claimed lack of conformity.