Terms and conditions
The website www.lindamaiphung.com is operated by Phung. Throughout the site, the terms “we”, “us” and “our” “lindamaiphung.com” “Maison Phung” “Studio Linda Mai Phung” refer to Phung. Phung offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our “Service” and agree to be bound by the following terms (“General Conditions of Sale”, “General Conditions of Sale and Use”, “Terms”, “Terms and conditions"), including those additional terms, conditions, and policies referenced herein and/or accessible by hyperlink. These General Conditions of Sale and Use apply to all users of this site, including, but not limited to, users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these General Conditions of Sale and Use carefully before accessing/or using our website. By accessing or using any part of this site, you agree to be bound by these General Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use any services offered here. If these General Conditions of Sale and Use are considered as an offer, acceptance is expressly limited to these General Conditions of Sale and Use.
All new features and all new tools that will be added subsequently to this store will also be subject to these General Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Conditions of Sale and Use by publishing updates and/or modifications on our website. It is your responsibility to check this page periodically to see if any changes have been made. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. located at 126 York St. Ottawa, ON K1N 5T5, Canada, reachable at 1-888-746-7439. They provide us with the e-commerce platform that allows us to sell our products and services to you. Our Maison Phung website and product page is hosted on Wix.com located at 40 Namal Tel Aviv St., Tel Aviv 6350671, Israel.
The site is published by Phung registered micro entrepreneur / simplified micro social under the SIRET number: 50238405000030 and whose head office is located 61 rue de L'Ourcq, 75019 Paris, France. Intracommunity VAT number: FR15502384050
The contact email is firstname.lastname@example.org and the Publishing Director is Linda PHUNG.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these General Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any person of age minor in your charge to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to the laws relating to copyright).
You must not transmit any worms, viruses or any other code of a destructive nature.
Any infringement or violation of these General Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the Services to any person at any time, for any reason.
You understand that your content (not including your credit card information), may be transferred unencrypted, including (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without permission. written exp
prior notice on our part.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information available on this site is not accurate, complete or current. The content of this site is provided for informational purposes only and should not constitute your sole source of information for making decisions without first consulting more accurate, more complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain some previous information. This prior information, by its nature, is not current and is provided for informational purposes 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 agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES
All prices are indicated in euros, all taxes included, excluding shipping costs. Items will be invoiced based on the rates in effect at the time the orders are placed. They remain the property of Phung until full collection of the price by Phung.
Prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice at any time.
We will not be liable to you or any third party for any price change, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES
Certain products or services may be exclusively available online through our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but have no obligation, to limit the sales of our products or services to any person in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to stop offering a product at any time. Any offer for a service or product made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – PAYMENT
Payment for purchases is made by bank card (Visa, MasterCard, Carte Bleue, issued in France) or by Paypal.
Phung uses all means to ensure the confidentiality and security of data transmitted on the web and on the website www.lindamaiphung.com. As such, the website uses a secure payment module such as SSL (Secure Socket Layer).
ARTICLE 7 - DELIVERY TERMS
Orders are delivered to mainland France, Corsica and the Principality of Monaco.
Internationally, orders are delivered to the European Union, Great Britain, Switzerland, Eastern Europe, Norway and Africa, Canada, United States, Russia, Near and Middle East. We will provide you with the necessary documents to collect your order. However, we are not responsible for paying any import duties and taxes for the countries/regions where you will receive your order.
The products ordered will be delivered to Customers at the address provided by the Customer in the delivery address registration form when placing their order. The delivery times displayed on the site are approximate times, based on the average times observed by Colissimo: between 2 to 8 days depending on the destination.
ARTICLE 8 - RETURN OF PRODUCTS
1. Product return
From the date of receipt, the Customer may request the return of one or more products to Phung, within fifteen (15) days. The Customer must make this request by writing to email@example.com and detailing the reasons for this reshipment. Phung will communicate its response to the Client as soon as possible. Phung reserves the right to claim an at
sworn test as to the reasons for returning one or more products. The Customer will then have a new period of fifteen (15) days to reship this package at their own expense. The product will be refunded or exchanged only if it is returned intact in its original packaging, clean, unworn and undamaged. If the Product(s) is (are) not returned within the time frame or in the condition specified above, the return will not be considered valid. In the event of a refund, a maximum period of fifteen (15) days is necessary from receipt of the returned product in Phung, before the amount of the returned product(s) is credited to the Customer's bank account.
2. Return defective product
If the product is defective, the Customer may return it at Phung's expense and receive a new one while stocks last. If the Product is no longer available, the Customer will receive an equivalent product. No additional compensation or other commercial gesture may be claimed by the customer. The Customer is required to systematically inform Phung of the reasons for returning the defective product(s) (for example: damaged, missing product, package arrived open), two (2) days after receipt of the package. The Customer can only benefit once from free shipping, regardless of the number of Products concerned. For any additional request, shipping costs will be entirely the responsibility of the Customer.
ARTICLE 9 - WITHDRAWAL RIGHTS AND DEADLINES
From the date of receipt of his order, the Customer has a period of fifteen (15) days to return the ordered products. All product reshipments will be made to the address mentioned in the previous article. When the right of withdrawal is exercised, a maximum period of fifteen (15) days is necessary from receipt of the returned product in Phung, before the amount of the returned product(s) is re-credited to the account. corresponding to the Customer's bank card.
ARTICLE 10 – RESERVATION OF OWNERSHIP
Phung remains the owner of the goods until full payment of the price by the Customer.
ARTICLE 11 – INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced on www.lindamaiphung.com are reserved under copyright as well as intellectual property and for the entire world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the site www.lindamaiphung.com is strictly prohibited without prior agreement.
ARTICLE 12 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time. the order has been placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For further details, please see our Returns Policy.
ARTICLE 13 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no monitoring, control or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or relating to the use of these optional third-party tools.
If you use optional tools offered through the Site, you do so at your own risk and discretion, and you should review the terms on which such tools are offered by the applicable third-party provider(s).
We may also, in the future, offer new services and/or new features on our site (including new tools and resources). These new features and new services will also be subject to these General Conditions of Sale and Use.
ARTICLE 14 – THIRD PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are under no obligation to examine or evaluate the content or accuracy of such sites, and we do not warrant or assume any liability for any content, websites, products, services or other materials accessible on or from these third party sites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any such third-party websites. Please review the third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third parties' products should be referred to the same third parties.
ARTICLE 15 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to participate in competitions), or if without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you grant us the right, at any time, without restriction, to edit, copy, publish, distribute , to translate and otherwise use in any media any comments you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringes. any intellectual property or these General Conditions of Sale and Use.
You agree to write comments that do not violate the rights 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 unlawful, defamatory, offensive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service. or any other associated website. You may not use a false e-mail address, pretend to be someone you are not, or otherwise mislead us and/or third-parties as to the origin of any comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posts.
ARTICLE 16 – PERSONAL INFORMATION
ARTICLE 17 – 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, pricing, promotions, offers, charges or fees. shipping of products, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate. , at any time and without notice (including after you have placed your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be taken into account in concluding that information in the Service or on any related website
have been modified or updated.
ARTICLE 18 – PROHIBITED USES
In addition to the prohibitions set out in the General Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to incite others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will compromise the functionality or operation of the Service or of any related website, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort, crawl, crawl or scan the web (or any other resource); (j) for lewd or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
ARTICLE 19 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or represent that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that any 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 remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without representation, without conditions of any kind, express or implied, including all implied warranties of merchantability or quality, fitness for a particular purpose, durability, title and non-infringement.
Under no circumstances shall Phung, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, or consequential damages. punitive, special, or consequential damages of any nature, including but not limited to loss of profits, revenue, savings, data, replacement costs or similar damages, whether whether in contract, tort (even in the case of negligence), strict liability or otherwise, arising out of your use of any service or product from this Service, or as to any other claim relating in any way to your use of the Service or of any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise rendered available through the Service, even if you have been advised of the possibility of them occurring. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
All items offered on www.lindamaiphung.com are subject to the legal guarantee provided for by articles L 217-4, et seq. of the Consumer Code and to the guarantee against hidden defects provided for by articles 1641 et seq. of the Civil Code.
The Customer has two (2) years to assert one or other of these guarantees. For lack of conformity, the time limit runs from delivery. For hidden defects, the period runs from the discovery of the defect.
If the apparent defect, lack of conformity or even the hidden defect of the item, declared by the Customer, if applicable, is proven, after an assessment has been carried out, Phung may proceed to repair or replace the Product. If this is not possible, Phung will reserve the right to reimburse the Client at its own expense.
Phung cannot, however, be held responsible for the misuse and/or intensive use of the articles that the Customer may make of them. Likewise, Phung cannot be held responsible for the return of a competing product and/or not sold on the Site by the Customer. It is the Customer's responsibility to return the correct item.
Phung does not offer a commercial guarantee.
ARTICLE 20 – COMPENSATION
You agree to indemnify, defend and hold harmless Phung, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, as to any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your violation of these General Conditions of Sale and Use or the documents to which they refer, or from your violation of any law or the rights of a third party.
ARTICLE 21 – SEVERABILITY
In the event that a provision of these General Conditions of Sale and Use is deemed to be illegal, void or inapplicable, this provision may nevertheless be applied to the full extent permitted by law, and the non-applicable part must be considered as being dissociated from these General Conditions of Sale and Use, this dissociation should not affect the validity and applicability of all other remaining provisions.
ARTICLE 22 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this Agreement for all purposes.
These General Conditions of Sale and Use are effective unless and until they are terminated by either you or not. You can terminate these General Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we judge, in our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these General Conditions of Sale and Use, we may also terminate this agreement at any time without notice to you. in advance and you will remain liable for all amounts owed up to and including the termination date, and/or we may deny you access to our Services (or any part thereof). ).
ARTICLE 23 – ENTIRE AGREEMENT
Any failure on our part to exercise or apply any right or provision of these General Conditions of Sale and Use should not constitute a waiver of this right or provision.
These General Conditions of Sale and Use or any other policy or operating rules that we publish on this site or in respect to the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all communications, proposals and all prior and contemporaneous agreements, oral or written, between you and us (including, but not limited to, any prior version of the General Conditions of Sale and Use).
Any ambiguity regarding the interpretation of these General Conditions of Sale and Use must not be interpreted to the disadvantage of the drafting party.
ARTICLE 24 – APPLICABLE LAW
These general conditions of use and sale are subject to French law. In the event of persistent disagreement over the application, interpretation and execution of these terms, and in the absence of an amicable agreement, any dispute will be brought before the competent French courts.
ARTICLE 25 – MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these General Conditions of Sale and Use by publishing updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site after the publication of any modifications to these General Conditions of Sale and Use constitutes acceptance of these modifications.
ARTICLE 26 – CONTACT INFORMATION
Questions regarding the General Conditions of Sale and Use should be sent to us at firstname.lastname@example.org.