Terms of Service

Article 1 – Purpose

These General Terms and Conditions of Sale (hereinafter the “GTC”) govern the relationship between LUNGTA LE CHEVAL DU SOUFFLE, a limited liability company (SARL) with share capital of €26,800, registered with the Paris Trade and Companies Register under number 440 746 899, whose registered office is located at 24 rue des Dames – 75017 Paris (hereinafter “LUNGTA”), and its customers (hereinafter the “Client”), whether professional customers (hereinafter “B2B Clients”) or consumers (hereinafter “B2C Clients”), in connection with the Client’s ordering of goods transport services offered by LUNGTA via its mobile application (hereinafter the “Application”).

Within the meaning of the French Consumer Code:

– A professional is defined as any natural or legal person, public or private, acting for purposes relating to their commercial, industrial, craft, liberal or agricultural activity, including when acting in the name of or on behalf of another professional;

– A consumer is defined as any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity.

Any order placed via the Application implies full and unconditional acceptance of these GTC.

No specific conditions may prevail over these General Terms unless formally accepted in writing by LUNGTA.

The Client acknowledges having received, in a clear and comprehensible manner, the following information prior to placing an order:
• The essential characteristics of the services offered by LUNGTA
• The price of these services

LUNGTA undertakes to transport the items entrusted to it (hereinafter the “Goods”) from the time they are collected to the agreed destination, using the route, procedure and vehicles chosen by LUNGTA.

The contractual relationship between LUNGTA and the Client takes effect upon validation of the order by payment of the price and ends upon delivery of the Goods.

Absence of right of withdrawal for B2C Clients – Immediate performance of the service

In accordance with Article L.221-28, 1° of the French Consumer Code, the B2C Client is informed that the right of withdrawal cannot be exercised for services that are fully performed before the end of the statutory withdrawal period.

By validating the order, the B2C Client:

– expressly requests immediate performance of the delivery service before expiry of the statutory withdrawal period;

– expressly acknowledges and accepts that they waive their right of withdrawal due to the immediate and complete performance of the service.

The B2C Client acknowledges having been informed of the absence of a right of withdrawal prior to final validation of the order.

Article 2 – Orders

Order placement procedures

Orders placed via the Application must include:

– the exact collection and delivery addresses;

– a reachable telephone contact for the Client, the person handing over the Goods to the courier, and the person receiving the Goods, if different from the Client;

– all information required to allow access to the collection and delivery locations by the courier (codes, floor, door, access instructions, etc.).

Any error, omission or inaccuracy resulting in a delay, impossibility of delivery or additional charges shall remain the responsibility of the Client, and LUNGTA shall not be held liable in such cases.

In the event of an incorrect address (collection or delivery), absence of the person handing over the Goods or the recipient, inability to access the collection or delivery location, or inability to reach the relevant contact, the delivery —whether or not the Goods have been collected—remains payable by the Client. Any return or new delivery shall require a new order and additional billing.

The ordering party or the person handing over the Goods must ensure that the courier presenting themselves is duly authorized by LUNGTA.

Declaration of Goods

At the time of ordering, the Client undertakes to accurately declare the number, nature, size and volume of the Goods to be delivered.

If the number, nature, size or volume of the Goods changes between the time of ordering and collection by LUNGTA, the Client undertakes to inform LUNGTA without delay in order to allow LUNGTA to ensure traceability of the Goods. Failing this, the Goods shall be transported at the Client’s sole risk.

If the actual Goods differ from the declaration made by the Client (e.g. greater number, volume or size), LUNGTA may refuse collection or adjust the price according to the actual characteristics of the Goods, in accordance with the applicable rate.

In all cases, the initial journey remains payable by the Client.

Article 3 – Pricing and Payment

Prices are communicated to the Client based on the choices made during the ordering process and are submitted to the Client before order validation and payment.

Payment is made immediately at the time of ordering via the Application.

No deferred payment, payment on account or payment terms are offered.

An electronic invoice is issued by LUNGTA for each payment. The invoice is available in the Application and sent to the Client by email to the address provided by the Client.

Article 4 – Credits and Cancellations

In the event of cancellation of an order validated by LUNGTA, no monetary refund is made. A credit note valid for 12 months is issued, usable exclusively within the Application.

Article 5 – Vehicles, Dimensions and Packaging

LUNGTA may, at its discretion, use different types of vehicles (two-wheelers, large-capacity two-wheelers, electric vehicles, vans) depending on the nature and volume of the Goods.

The Goods must be prepared and packaged by the Client. They must be packaged in a closed, opaque, non-ostentatious package, resistant and suitable for the contents and transport requirements. Failing this, the Goods shall be transported at the Client’s sole risk.

An additional charge may apply for bulky, fragile Goods or those requiring special handling, in accordance with the applicable rates.

Article 6 – Goods Prohibited from Transport

In general, and without limitation, the following items may not be transported:

– Any goods subject to national or international regulations on dangerous goods, including but not limited to ammunition, gases, flammable, radioactive, toxic, infectious or corrosive materials, as well as any objects which by their nature or packaging may present a danger to personnel, the environment, transport equipment, other goods, vehicles or third parties;

– Jewelry, watches containing precious metals, precious stones or metals, currencies, banknotes, financial instruments, bearer securities or means of payment, including negotiable instruments, checks, gift cards, telephone cards or equivalents, and more generally any document or medium subject to cash-in-transit regulations and enabling fungible payment (e.g. event tickets, bank cards);

– Animals, living or dead, temperature-controlled goods, perishable foodstuffs, or products subject to excise duties under suspension;

– Firearms, weapons of war or collectible weapons, loaded or unloaded, narcotics, works of art, publications or audiovisual media prohibited by applicable law;

– Counterfeit goods, industrial prototypes, models, unique pieces;

– Tender responses, pre-qualification files for contract awards, examination papers and prototypes.

The sender undertakes to inform LUNGTA of any non-apparent characteristics of the Goods that may affect the proper execution of the transport.

If the Client has prohibited items transported by LUNGTA, the Client bears all risks associated with such transport and acknowledges that LUNGTA’s liability cannot be sought under any circumstances.

Furthermore, the Client shall be held liable for any damage caused to third parties and/or LUNGTA by such Goods and for all consequences arising from failure to comply with these restrictions. The Client shall indemnify LUNGTA against any claims, actions, proceedings or judgments related to the transport of such prohibited items.

Article 7 – Insurance and Liability

LUNGTA has taken out insurance covering transported items:

– up to €1,500 for two-wheel transport;

– up to €15,000 for four-wheel vehicle transport.

In the event of a claim relating to loss or damage to an item transported by LUNGTA, submitted under the conditions set out in Article 11, the Client must provide an invoice or proof of value for any compensation request.

Items with a value exceeding the above limits must be insured directly by the Client.

Article 8 – Delivery Times

Delivery times indicated by LUNGTA are for information purposes only.

No compensation may be claimed for delays due to weather conditions, strikes, demonstrations, accidents, blockages, traffic, network outages or force majeure as defined by case law.

Article 9 – Hand Delivery to a Designated Person

If the Client requires hand delivery to a specific person, the courier may only deliver the parcel to that designated person.

In the event of absence, inability to reach the person, refusal or identity mismatch, the delivery remains payable and any return or new delivery shall be billed according to the applicable rate.

Article 10 – Secure Code Delivery

The “secure code delivery” option allows the Client to require identity verification at collection, delivery, or both, depending on the option selected at the time of ordering.

This option is not mandatory and applies only when activated by the ordering party.

1. Collection (if the option is activated at collection)

When the secure code option is required at collection, the courier must provide the secure code to the ordering party in order to collect the Goods.

The ordering party or the person handing over the Goods must ensure that the courier is authorized by LUNGTA and must not hand over the Goods if the courier:

– does not provide the code;

– provides an incorrect code;

– provides a code that does not match the one received by email.

If the code is missing or incorrect, collection cannot take place.

2. Delivery (if the option is activated at delivery)

When the secure code option is required at delivery, the recipient must provide the code to the courier in order to receive the Goods.

Delivery will only take place if the code provided by the recipient is correct.

If the code is incorrect, missing or not provided, delivery cannot be completed.

3. Transmission of the code to the recipient

When the option is activated for delivery, the secure code is sent to the ordering party by email.

It is the sole responsibility of the ordering party:

– to transmit the code to the recipient;

– to ensure that the recipient has received it;

– and that the recipient can present it to the courier upon delivery.

LUNGTA cannot be held liable for failure by the ordering party to transmit the code.

4. Billing in case of failure

If collection or delivery is impossible due to a code that is:

– missing;

– incorrect;

– not communicated;

– or refused;

the delivery remains payable, and any return or new delivery will be billed separately.

Article 11 – Complaints

Any complaint must be submitted within eight (8) days of delivery, together with supporting documents.

Article 12 – Personal Data Protection (GDPR)

Personal data concerning the Client, where the Client is a natural person (such as contact details, email address, bank details, etc.), are subject to automated processing for which LUNGTA is the data controller.

Such data are processed in accordance with the French Data Protection Act No. 78-17 of 6 January 1978 as amended and EU Regulation No. 2016/679 of 27 April 2016 (GDPR).

The Data Protection Policy is accessible directly in the mobile application under the “Privacy” section:
https://www.lungta.fr/en/politique-de-confidentialite

Article 13 – Governing Law

These GTC are governed by French law.
In the event of a dispute, the courts of Paris shall have exclusive jurisdiction, notwithstanding plurality of defendants or third-party proceedings.

For B2C Clients, in the event of a dispute and after having contacted LUNGTA’s customer service, if no solution has been found, the Client is informed that they may have free recourse to a mediator.