GENERAL CONDITIONS OF RENTAL AND SALE
ARTICLE 1 - ACCEPTANCE
Access and use of the website accessible at the following address: www.lespetitsmontagnards.com of the society Les Petits Montagnards, registered with the RCS of Thonon-les-Bains (RCS 850 872 938) whose intra-community VAT number is FR 00 850872938 and having its registered office at 49 Allée des lignons 74350 Cernex and the services offered there are subject to compliance with these general conditions of rental and sale.
Any access to the Site and / or use of the Site implies acceptance and compliance with all the terms of these conditions and their unconditional acceptance. They constitute a contract between LES PETITS MONTAGNARDS and the Internet user who accesses the Site with or without having registered beforehand and having created or not an account on the Site (hereinafter referred to as "the User" or "Users" ).
LES PETITS MONTAGNARDS makes clothing and sports equipment available on the Site and a User rents this material for a limited period (hereinafter referred to as the "Tenant")
This contract is concluded for an indefinite period from the use of the Site by the User.
Non-retroactively, LES PETITS MONTAGNARDS reserves the right to modify the Site as well as the general conditions of rental and sale at any time, or to supplement them with new, additional contractual conditions. This is why Users are advised to regularly consult the general conditions of rental and sale, in order to refer to the latest version in force.
In the event that the User does not wish to accept all or part of these general conditions, he is asked to renounce all use of the Site.
ARTICLE 2 - DEFINITIONS
TENANT refers to anyone who places an order at Les Petits Montagnards
USER refers to any person who accesses and browses the site
ARTICLE 3 - PURPOSE OF THE SITE
The purpose of the Site operated by LES PETITS MONTAGNARDS is the rental of children's ski clothing and sports equipment between LES PETITS MONTAGNARDS and individuals and between LES PETITS MONTAGNARDS and professionals.
The rental transfers to the Tenant a personal right of use relating to the clothing / accessory concerned. It is to ensure this effective enjoyment that LES PETITS MONTAGNARDS must necessarily make the clothing / accessory available to the Tenant, who owns it and acquires control of it. Also the present rental is distinguished from the sale and the usufruct.
ARTICLE 4 - RENTAL PROCESS
at. The equipment for rent
The company LES PETITS MONTAGNARDS buys new or second-hand ski clothing and sports equipment.
Upon receipt of equipment, LES PETITS MONTAGNARDS:
·Check the condition of the garment;
·Evaluate the amount of the rental and the related deposit;
·Upload material to the Site.
b. The command
Ordering a garment or other material requires the following information in particular:
Duration of the rental;
Rental price ;
Amount of the security deposit;
Date on which the item of clothing or equipment must be returned.
The order will only be shipped once the deposit has been deposited by the tenant.
4.b.1 - Unavailability of equipment
In the event of a unreported unavailability, the tenant is informed by e-mail after placing his order, LES PETITS MONTAGNARDS are obliged to offer him another product of similar quality, of the same size but not necessarily of the same brand.
If the tenant refuses this new article, the order will be canceled. The tenant can make a new reservation at no additional cost.
When the equipment is rented, LES PETITS MONTAGNARDS:
Check the condition of the garment;
Records and photographs any damage to the garment;
Complete an inventory form
Prepare the package
Address the equipment to the Lessee, according to the delivery method chosen.
When the Tenant receives the equipment, he checks its condition, if it complies with the inventory transmitted by Les Petits Montagnards, the User accepts delivery without reservation.
This process can also be carried out directly at the Showroom of the company LES PETITS MONTAGNARDS.
4.b.2 Size issue
In case of size problem, the tenant must notify the Petits Montagnards within 24 hours of receiving the package by e-mail email@example.com.
Les Petits Montagnards undertake to return the equipment in the right size and in the same price range within 24 hours depending on the availability of stocks and subject to a payment of 20 (twenty) euros inclusive of delivery costs.
vs. Return and end of rental
At the end of the rental period, the Tenant returns the equipment to LES PETITS MONTAGNARDS according to the procedures described on the Site. To do this, he uses the prepaid packaging made available by LES PETITS MONTAGNARDS.
The return must in particular include a reporting form specifying in particular any damage, even minor, to the condition of the garment.
Upon receipt of equipment, LES PETITS MONTAGNARDS:
Checks the condition of the rented product;
Return or not the deposit depending on the return status of the rented equipment (see paragraph below)
Thoroughly cleans equipment
Rents the equipment
d.Loss, theft or damage to equipment
In the event of loss, theft, or damage to the rented equipment, the tenant agrees to notify LES PETITS MONTAGNARDS by e-mail firstname.lastname@example.org or by phone at +33 (0) 18.104.22.168.94
From the discovery of the case of loss or theft, the tenant must provide a declaration as soon as possible.
In the event of loss, theft or total damage, 100% of the deposit will be kept by LES PETITS MONTAGNARDS.
In addition, in the event of damage to the rented equipment, the tenant refrains from proceeding by his own means or having repairs carried out.
On return, LES PETITS MONATAGNARDS will carry out a check.
Any return of a part in a state different from that lent is understood as a degradation.
Any degradation noted on receipt will be notified to the Tenant directly by email in the event of a return by parcel or carrier.
In the event of simple degradation (button fallen or lost, seam or hem undone, task related to normal use of the garment), the tenant will not be charged a penalty.
In the event of partial or heavy degradation of one or more items beyond conventional use (hole in the fabric, cigarette burn, multiple stains from drinks, food, humidity, mud, dust, snags, tears, etc. ) The company LES PETITS MONTAGNARDS will invoice the tenant a supplement for repairing the part corresponding to the costs of cleaning or retouching and a flat rate of 20 euros including tax for processing costs.
This amount will be deducted from the deposit.
In order to cover itself against the risks of partial and heavy damage to the clothing (s) and accessory (s) rented, the company LES PETITS MONTAGNARDS offers the Tenant the possibility of subscribing to a TRANQUILITY GUARANTEE per day and per rented equipment.
ARTICLE 4 - MAIN OBLIGATIONS OF THE TENANT
The Tenant undertakes in particular:
·To provide the company LES PETITS MONTAGNARDS with non-false or fanciful personal data, in particular concerning his name, his first name, his postal address, his effective telephone number and his e-mail address;
·Not to seek to acquire any property rights over the material;
·To recognize the full ownership of the material at the Petits Montagnards;
·Not to sublet the equipment and not to assign its rights and obligations to a third party;
·To hold custody of the equipment in the event that it causes damage to a third party;
·To return the equipment within the time limit set on the Site at the time of the order, under penalty of activation of the late payment penalties described herein;
·To keep the equipment in good condition, repairs being the responsibility of the Tenant;
·To return the equipment in the state in which it was made available to him;
·To use the equipment only for personal purposes if he is a consumer Tenant;
·To deposit a deposit corresponding to the value of the material estimated by LES PETITS MONTAGNARDS and brought to the attention of the Tenant before ordering.
ARTICLE 5 - AVAILABILITY OF SERVICES
The Site is available anywhere, as soon as the minimum technical conditions are met, and in particular in terms of access to the mobile telephone network, Internet network and technical compatibility of the equipment used.
LES PETITS MONTAGNARDS can never be held responsible for the inaccessibility of the Site for technical reasons.
at. Registration conditions
For the validation of his registration, the User must accurately complete all the mandatory fields of the registration form.
Only one account per User is authorized and any attempt at fraud may result in the deletion of his account.
The User has a personal space after registering on the Site.
The account may be terminated by LES PETITS MONTAGNARDS at any time and without notice due to abusive, fraudulent or unlawful use of the services and contents of the Site.
The User may terminate his registration at any time by respecting the terms described on the Site.
The launch phase of the Site does not include a paid subscription plan.
ARTICLE 6 - ORDERS AND PAYMENTS
Orders are made exclusively on the Internet through the Site.
Confirmation of the order implies acceptance of these General Conditions of Rental and Sale.
All stages of the rental are clearly identified on the Site, in accordance with the provisions of Article 1369-1 of the Civil Code.
In application of these provisions, the User has the possibility to check the details of his order and its total price and to correct any errors before definitively validating his order.
The order is only definitively registered after validation by the User of his payment agreement and acceptance by the bank of the transaction.
LES PETITS MONTAGNARDS declines all responsibility in the event of non-validation of the order, without possible recourse on the part of the User.
As soon as their order is registered, the User receives a confirmation email containing the essential elements of their order.
All the data provided by the User during the ordering process and the recorded confirmation of this order constitute proof of the transaction.
LES PETITS MONTAGNARDS reserves the right to refuse any order from a User with whom there is a dispute relating to the payment of a previous order as long as this dispute has not been resolved.
b. Payments and cancellation
Payment is made at the time of ordering on the Site.
The Tenant can cancel an order up to 15 (fifteen) days after the order date. In this case the amount of the order will be fully refunded by the Site.
From the 16th day after the order date, the full amount of the order will remain acquired by LES PETITS MONTAGNARDS.
In order to cover itself against last minute cancellations, the company LES PETITS MONTAGNARDS offers the Tenant the possibility of subscribing to a FLEXIBILITY GUARANTEE per day and per rented equipment which allows you to cancel your order up to 24 hours before the shipping date without penalty.
The different means of payment are specified on the Site.
LES PETITS MONTAGNARDS reserves the right to modify its prices at any time, but the services will be invoiced on the basis of the rates in effect at the time of order entry.
A deposit, up to the value of the rented product indicated on the product sheet, will be requested once the order has been confirmed. The shipment of the package can only be done and meet the deadlines once the deposit has been posted..
If the tenant does not receive the acknowledgment of receipt by email, it is up to him to contact LES PETITS MONTAGNARDS at the following email email@example.com.
The tenant agrees to return the rented equipment on the last day of the order. Confirmation from the Post Office or the relay point as proof.
For each day of delay in the return by the Tenant, a penalty equal to 15 (fifteen) euros per day of delay is applied from the end of rental day defined when ordering.
The entire deposit is collected by LES PETITS MONTAGNARDS after 6 days of delay.
In accordance with Article L121-21-8 of the Consumer Code resulting from Law No. 2014-344 of March 17, 2014:
"The right of withdrawal cannot be exercised for contracts:
1 ° The provision of services fully executed before the end of the withdrawal period and whose execution has started after the express prior consent of the consumer and express waiver of his right of withdrawal (…). "
On the Site and at the time of the order, the User expressly waives his right of withdrawal.
ARTICLE 7 - FINANCIAL CONDITIONS
at. Rental rates
The prices of the rental, the deposit and the delivery of the equipment are indicated on the Site.
Rental prices are shown per day. Rentals are for a minimum period of 7 days.
b. Delivery rates
Delivery prices for metropolitan France:
–The cost of delivery to a relay point is included in the rental price
–The cost of home delivery (or postal address) is additional and indicated on the site when choosing the delivery method.
The prices of the services of the company LES PETITS MONTAGNARDS are those in force on the day of the order by the User.
The prices indicated in the electronic acknowledgment of receipt of the order are inclusive of all taxes.
The prices are calculated net and without discount.
All deliveries in Corsica or abroad will be subject to a contribution which may be requested after the finalization of your order. If you do not agree to take charge of this participation or if the payment is not made within 24 hours after the issuance of the payment request, the order will be canceled and fully refunded.
Participation in transport for Corsica: 35 € TTC
Transport contribution for Europe (except Switzerland): 35 € incl.
The deposit is to be deposited by the rental at the latest 48 hours before the scheduled shipping date.
The amount of the deposit is defined by LES PETITS MONTAGNARDS and corresponds to the amount of new equipment.
The deposit is made by bank imprint. The company LES PETITS MONTAGNARDS has in no way access to the tenant's bank details.
ARTICLE 8 - GUARANTEE
LES PETITS MONTAGNARDS is only bound with regard to the User by an obligation of means and does not provide any guarantee, express or implied, including any guarantee of quality and suitability for a particular use of the services provided. to the User.
ARTICLE 9 - INTELECTUAL PROPERTY
The presentation and content of the Site together constitute a work protected by the laws in force on intellectual property, of which LES PETITS MONTAGNARDS is the owner.
Any reproduction, in whole or in part, is systematically subject to the authorization of LES PETITS MONTAGNARDS.
The texts, images, drawings and the layout as well as the graphic charter of the Site are protected by intellectual property law.
It is prohibited to copy, extract, distribute or modify the content of the Site for commercial purposes. The downloading and printing of text, images and graphic elements are authorized for private and non-commercial use only. The reproduction of drawings, images, sound documents, video sequences and texts in other electronic or printed publications requires the prior written consent of LES PETITS MONTAGNARDS.
The lack of authorization is sanctioned by the offense of counterfeiting.
The brands and logos appearing on the Site are registered and protected trademarks.
Any total or partial reproduction of the brands and / or logos present on the Site, carried out using the elements of the Site without the express authorization of the company LES PETITS MONTAGNARDS constitutes an infringement punishable by articles L.713-2 and following of the Intellectual Property Code.
vs. Data base
The databases established by LES PETITS MONTAGNARDS are protected by copyright as well as by the law of July 1, 1998 transposing into the Intellectual Property Code of the European directive of March 11, 1996 on the legal protection of databases of data.
Unless authorized in writing by LES PETITS MONTAGNARDS, any reproduction, representation, adaptation, translation and / or modification, in whole or in part, as well as any substantial qualitative or quantitative extraction to another Site is prohibited and punishable by articles L.343-4 and following of the Code of Intellectual Property.
d. Licensing of copyright and image rights
By putting content online on the Site, the User automatically grants an operating license to the company LES PETITS MONTAGNARDS on this content for the needs of the management of the Site and this for the whole world and for the duration necessary for the 'rental offer. The User expressly authorizes LES PETITS MONTAGNARDS to use this content in anonymous form for the purposes of testimonials in articles integrated into the Site.
The User finally declares that the copyrights thus granted do not infringe the rights of third parties and are not subject to any claim.
The User guarantees LES PETITS MONTAGNARDS against any claim of any nature whatsoever which may arise under the ownership of the rights granted, whether under intellectual property rights, as well as under the right to image or in respect of unfair competition or parasitism and undertakes to reimburse LES PETITS MONTAGNARDS for all sums to which it would be condemned in this respect.
ARTICLE 10 - RESPONSIBILITY OF THE SOCIETY LES PETITS MONTAGNARDS
LES PETITS MONTAGNARDS makes its best efforts to ensure the proper functioning of the Site and the services appearing therein, within the limits of liability of these general conditions.
at. Access to the Site:
The Site is in principle accessible 24 hours a day, 7 days a week, however, LES PETITS MONTAGNARDS declines all responsibility, without this list being exhaustive:
- In case of interruption of the Site for technical maintenance operations or updating of published information.
- In the event of temporary impossibility of access to the Site (and / or to the websites and applications linked to it) due to technical problems, whatever the origin and provenance.
- In the event of unavailability or overload or any other cause preventing normal operation of the mobile telephone network used to access the Site.
- In the event of contamination by any computer viruses circulating on the network.
- More generally, in the event of direct or indirect damage caused to the User, whatever the nature, resulting from access to or use of the Site (and / or the sites or applications linked to it )
- In the event of abnormal use or illegal exploitation of the Site
- In the event of loss by the User of his username and / or password or in the event of theft of his identity.
b. Content uploaded to the Site by Users
Les Petits Montagnards is not at the origin of the creation of the content posted on the Site by Users, which is distributed under the sole responsibility of the User.
Not moderating a priori the content uploaded by Users, LES PETITS MONTAGNARDS cannot be held responsible for any content that is illegal, contrary to good morals or constituting any infringement of the rights of others, in particular to intellectual property rights or the processing of personal data.
LES PETITS MONTAGNARDS cannot be held responsible for any exchanges between Users on the Site.
LES PETITS MONTAGNARDS cannot be held responsible for any content appearing on the Site or sent from the Site by any third party.
Thus, with regard to the legal qualifications defined by article 6 of the Law for Confidence in the Digital Economy (LCEN) of June 21, 2004 as amended, LES PETITS MONTAGNARDS is qualified as a host for the content posted by Users. on the site.
LES PETITS MONTAGNARDS is therefore not responsible a priori for the content of Users and does not bear any obligation to monitor this content.
vs. Public content of the Site:
Despite the greatest care taken in creating and updating the Site, LES PETITS MONTAGNARDS cannot provide any guarantee, express or tacit, concerning the information contained in the Site of which it is the author.
Consequently, LES PETITS MONTAGNARDS cannot be held responsible for any damage, direct or indirect, resulting from any errors, inaccuracies or omissions in the information contained on the Site.
d. Force majeure:
LES PETITS MONTAGNARDS cannot be held responsible, or considered to have failed in these general conditions of rental and sale, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure such as as defined by the case law of French courts and tribunals including the interruption, suspension, reduction or disturbances of electricity or others or any interruptions of electronic communications networks or in the event of facts beyond its control.
e. Intervention of the company LES PETITS MONTAGNARDS:
LES PETITS MONTAGNARDS reserves the right to modify the terms, conditions and notices hereof at any time, in particular in the event of technical, legal or jurisprudential developments or during the implementation of new services.
The User is therefore advised to regularly consult the latest version of the conditions of use available on the Site.
The renewed use of the Site as these conditions of use are modified constitutes the acceptance, by each User, of the general conditions of rental and sale in force.
ARTICLE 11 - USER'S RIGHTS AND RESPONSIBILITY
at. Responsibility :
The use of the Site is made under the sole and entire responsibility of the User.
The User is solely responsible for the information he communicates from the Site.
In the event of abnormal use or unlawful exploitation of the Site, the User is solely responsible for damage caused to third parties and for the consequences of complaints or actions that may result therefrom.
The User also waives the right to exercise any recourse against LES PETITS MONTAGNARDS in the event of legal proceedings instituted by a third party against him for the use and / or illegal exploitation of the Site.
The User generally undertakes to comply with all the regulations in force in France.
Users undertake not to use the Site to:
Publish, transmit, share, store or otherwise make available content that is contrary to public order, harmful, threatening, illegal, defamatory, unauthorized, abusive, injurious, malicious, vulgar, obscene, fraudulent, undermining privacy or image rights, odious, inciting violence, racial or ethnic hatred or otherwise reprehensible;
Create multiple accounts or impersonate a third party;
Transmit any material containing computer viruses or any code, file or computer program designed to interrupt, destroy or limit the functionality of software, computer equipment or electronic communications;
Post, transmit, share, store or otherwise make available content that constitutes or encourages a criminal offense or provides instructions on how to carry it out, which infringes the rights of a third party or is likely to engage third party liability or to violate local, national or international law.
The User is solely responsible for the content that he integrates into the Site, in particular any content that may be offensive or illegal or likely to infringe the rights of third parties.
vs. Access and security:
It is up to all Users to take all appropriate measures to protect their own data and / or software stored on their mobile or computer equipment against any attack.
The User has the right to consult his data hosted on the Site and any other information concerning him free of charge.
The password is personal and confidential. The User is solely responsible for this. He undertakes not to disclose it to third parties and to take all necessary precautions to prevent third parties from having access to it.
The User undertakes to notify LES PETITS MONTAGNARDS without delay in the event of loss or theft of his password.
Otherwise, and unless proven otherwise, any connection or transmission of orders or data made by means of the password will be deemed to come from the User and will be under his exclusive responsibility.
To be taken into account, the User's complaints must be sent to the following email address: firstname.lastname@example.org.
d. Personal data of the User:
LES PETITS MONTAGNARDS asks any User to provide a certain amount of personal information (name, first name, postal address, e-mail address, telephone number, etc.) in order to be able to identify it or simply to guarantee the uniqueness of its personal access.
In accordance with the provisions of law n ° 78-17 of January 6, 1978, as amended, relating to computers, files and freedoms, the automated processing of personal data carried out from the Site has been declared with the National Commission for Informatics and Liberties (CNIL).
The User has at any time a right of opposition, access and rectification of data concerning him. To do this, all he has to do is send his request by email to: email@example.com.
In accordance with article 6, 5 ° of law n ° 78-17 of January 6, 1978 as amended, personal data are only kept in a form allowing identification for a period which does not exceed the necessary duration. for the purposes for which they are collected and processed.
Personal data are only accessible to authorized personnel.
In the forms for collecting personal data, the User is notably informed: of the identity of the data controller, of his rights over the personal data, of the recipients, of the purpose of the processing and of the mandatory nature or optional of his answers.
LES PETITS MONTAGNARDS implements processing of anonymous data resulting from the User's personal data for statistical purposes.
ARTICLE 12 - SPECIFIC CONDITIONS OF USE FOR THIRD-PARTY PLATFORMS AND TOOLS.
In addition to these General Conditions, Users agree to comply with the General Conditions of platforms allowing access to the Site and third-party tools used by the Site.
The use of these third-party platforms and tools by Users entails the collection and processing of personal data for which LES PETITS MONTAGNARDS cannot be considered as being the data controller as defined by law n ° 78-17 of January 6, 1978 amended relating to data processing, files and freedoms.
ARTICLE 13 - HYPERTEXT LINKS
The company LES PETITS MONTAGNARDS specifies that the use of hypertext links may lead the User to other websites or applications, independent of the Site.
The hypertext links established in the direction of other sites or applications from the Site can not, under any circumstances, engage the responsibility of the company LES PETITS MONTAGNARDS.
Likewise, the insertion of hypertext links to all or part of the Site is authorized, on a non-exclusive basis and revocable at any time, without LES PETITS MONTAGNARDS having to provide any justification, and provided that this link cannot create any untrue, false, pejorative or potentially prejudicial to the Site.
Under this authorization, LES PETITS MONTAGNARDS reserves the right to object.
LES PETITS MONTAGNARDS cannot be held responsible for any direct, indirect or fortuitous damage resulting from access or use of information from third party sites.
ARTICLE 14 - CONFIDENTIALITY
The parties undertake to keep strictly confidential the information exchanged and all documents and elements produced within the framework of the execution of contracts concluded between them.
The User undertakes not to use the data resulting from the services provided by LES PETITS MONTAGNARDS for purposes other than those provided herein.
During and at the end of the performance of the services of the company LES PETITS MONTAGNARDS, the User undertakes not to disclose to third parties, without the authorization of the company LES PETITS MONTAGNARDS, the methods and tools which are the exclusive property of LES PETITS MONTAGNARDS.
ARTICLE 15 - INDEPENDENCE OF CLOSES
If any part of these general conditions of rental and sale should prove to be null, invalid or inapplicable for any reason whatsoever, the term or terms in question will be declared non-existent and the remaining terms will retain all their force and scope. and would continue to be applicable. The terms declared non-existent would then be replaced by the terms which come closest to the content and meaning of the canceled clause.
ARTICLE 16 - APPLICABLE LAW AND ATTRIBUTION
at. For Consumer Users:
In accordance with the preliminary article of the Consumer Code resulting from Law No. 2014-344 of March 17, 2014 relating to consumption, a consumer is any natural person who acts for purposes that do not fall within the scope of of its commercial, industrial, craft or liberal activity.
These general conditions of rental and sale are exclusively subject to French law.
Any dispute (including before-say law) will be the responsibility of the courts designated as competent in application of article L.141-5 of the Consumer Code ”.
b. For non-consumer users:
These general conditions of rental and sale are exclusively subject to French law.
Any dispute that may arise during the use of the Site will be submitted to the competent courts of Thonon-les-Bains, notwithstanding the plurality of defendants or call in warranty.