Terms and Conditions
Lespetitsmontagnards.com is a website run and owned by LES PETITS MONTAGNARDS, registered at the RCS of Thonon-les-Bains (RCS 850 872 938) whose intra-community VAT number is FR 00 850872938 and with Head office at 49 Allee des Lignons - 74350 Cernex - France.
LES PETITS MONTAGNARDS provides rent and sales clothing and sports equipment on the website.
Any access to the website and / or use of the website involve the acceptance and respect of all the terms and conditions and their full acceptance. They constitute a contract between LES PETITS MONTAGNARDS and the user who accesses the Website by having previously registered or not and having created an account on the website (hereinafter referred to as "the Customer" or the "Customers").
Customers must be of legal age and capacity, must not be acting in a professional capacity, must have a credit card of which they are the holder, and must have a valid personal email address
The lease transfers to the renter the right of use which relates to the clothing / accessory concerned for a given period. The ownership remains to LES PETITS MONTAGNARDS.
These terms and conditions were updated on 06/26/2019 and are subject to subsequent modifications and/or updates.
If the customer does not want to accept all or part of these terms and conditions, is asked to waive all use of the website.
“Customer” refers to any person who places an order on lespetitsmontagnards.com.
“Services” refers to all the services and products offered by lespetitsmontagnards.com.
“User” refers to any person who accesses and browses the website, including Customers and Members.
3. RENTAL process
Customer account creation
Taking out any services or making a purchase on the Website requires the prior creation of a customer account.
The customer place an order through the website, it will include the following informations:
· Reference of the product
· Duration of the lease with starting and end date
· Rental price ;
Please note: the amount of refundable deposit is available on the product page (details section)
The order will be shippable once the deposit confirmation is received by LES PETITS MONTAGNARDS
Validation of the order invlove acceptance of these General Conditions of Rental and Sale.
The customer has the opportunity to check the details of his order and its total price and correct any errors before finalizing his order.
The order is definitively recorded only after validation by the customer of his payment agreement and acceptance by the bank of the transaction.
LES PETITS MONTAGNARDS declines any responsibility in the event of non-validation of the order, without possible recourse on the part of the customer.
As soon as the order has been registered, the customer receives a confirmation email containing the essential elements of his order.
All the data provided by the customer during the order process and the recorded confirmation of this order are proof of the transaction.
LES PETITS MONTAGNARDS reserves the right to refuse any order from a customer with whom there is a dispute over the payment of a previous order as long as this dispute is not resolved.
The prices of each product or service is available on the Website.
Rental prices are indicated per day. The rentals are for a minimum duration of 7 days.
LES PETITS MONTAGNARDS reserves the right to modify its prices at any time. The customer order price will be based on the price in effect at the time of order confirmation.
The prices of the rental, the deposit and the delivery of the equipment are indicated on the website.
Price included any VAT or taxes required in France.
Delivery cost in “relay point” is included in the rental price
Other options are available with extra fees when choosing the delivery method during the ordering process.
Payments and cancellation
Payment is made at the time of the order on the website.
The Customer may cancel an order up to 15 (fifteen) days after the order date . In this case the amount of the order will be fully reimbursed by the website.
From the 16th day after the order date, the full amount of the order will remain acquired by LES PETITS MONTAGNARDS.
To cover against last minute cancellations, LES PETITS MONTAGNARDS offers to the customer the opportunity to subscribe to a FLEXIBILITY GUARANTEE priced per day and by rented equipment that allows to cancel the order until 24 hours before the date of shipment without penalty.
The different means of payment are specified on the website.
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 force at the time of the recording of the orders.
If the customer does not receive the confirmation by email, it is his responsibility to contact LES PETITS MONTAGNARDS at the following e-mail email@example.com .
In the event of unavailability not reported on the website , the customer is informed by e-mail after placing an order, LES PETITS MONTAGNARDS will proposed another product of similar quality, of the same size but not necessarily from the same brand.
If the customer decline this new item, the order will be canceled. The customer can proceed to a new reservation without additional cost.
In case of size issue , the customer must report it to LES PETITS MONTAGNARDS within 24 hours after receiving the package by e-mailling firstname.lastname@example.org .
Les Petits Montagnards undertake to return the material with the appropriate size within 24 hours depending on the availability and subject to a payment of 15 (fifteen) euros including delivery charges
At the end of the rental period, the Customer returns the equipment to LES PETITS MONTAGNARDS according to the terms and conditions described on the website. To do so, the customer will use the prepaid packaging provided by LES PETITS MONTAGNARDS.
It will include the state of fixture updated by the customer at the end of rent.
The customer agrees to return the rented equipment on the last day of the order. Confirmation of the post office or relay point as proof.
For each day of delay in the return by the customer, a late penalty fee of 15 (fifteen) euros per day is applied from the end of the rental day defined at the time of the order.
The entire deposit is kept by LES PETITS MONTAGNARDS after 6 days delay.
LOSS, theft or damage to equipment
In the event of loss, theft, or degradation of the rented equipment, the customer agrees to inform LES PETITS MONTAGNARDS by e-mail at email@example.com or by phone at 06.78.24.22.32
The customer must provide a declaration as soon as possible.
In the event of loss, theft or total damage, 100% of the deposit will be retained by LES PETITS MONTAGNARDS.
In case of degradation of the rented equipment, the customer is prohibited to proceed by his own means or to make repairs
Upon return, LES PETITS MONATAGNARDS will carry out an audit.
Any restitution in a different state than the initial state is understood as a degradation.
Any damage noted on return will be notified to the Customer directly by email in case of return by package or carrier.
In case of simple degradation (button falls or lost, seam or hem undone, task related to normal use of the garment), the customer will not be charged a penalty.
In case of partial or heavy deterioration of one or more articles beyond a traditional use (hole in the fabric, cigarette burn, multiple spots of drinks, food, moisture, mud, dust, hitch, tear, etc.). ) The company LES PETITS MONTAGNARDS will charge the customer a refurbishment fee of the part corresponding to the cleaning or retouching costs and a fixed price of 20 euros (all taxes included).
This amount will be deducted from the deposit.
In order to cover itself against the risks of partial and heavy deterioration of the garment (s) and accessory (s) rented, the company LES PETITS MONTAGNARDS offers to the Customer the possibility of subscribing to a TRANQUILITY GUARANTEE , priced per day and by rented equipment.
MAIN OBLIGATIONS OF THE CUSTOMER
The Customer undertakes in particular:
· To provide LES PETITS MONTAGNARDS with personal data that are not misleading or fanciful, particularly concerning his surname, first name, postal address, effective telephone number and e-mail address;
· Not to seek to acquire any property rights over the material;
· To recognize the full ownership of the material at Petits Montagnards;
· Not to sublet the equipment and not to assign its rights and obligations to a third party;
· To hold the custody of the equipment in case it causes damage to a third party;
· To return the equipment within the time fixed on the website at the time of the order, under penalty of activation of late penalties described herein;
· To keep the equipment in good condition;
· To return the material in the state in which it was made available to him;
· To provide a deposit corresponding to the value of the material estimated by LES PETITS MONTAGNARDS
· By hiring products or accessories, the Customer expressly authorises LES PETITS MONTAGNARDS to charge any damage / late fees due to his or her bank card.
The presentation and content of the website together constitute a work protected by the laws in force on intellectual property, which LES PETITS MONTAGNARDS holds.
Any reproduction, integral or partial, is systematically subjected to the authorization of the company LES PETITS MONTAGNARDS.
The texts, images, drawings and lay-out as well as the graphic charter of the website are protected by the law of the intellectual property.
It is prohibited to copy, extract, distribute or modify the content of the website for commercial purposes. The download as well as the printing of text, images and graphic elements are authorized for the only private and non-commercial use. 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 website are registered and protected trademarks.
Any total or partial reproduction of the brands and / or logos present on the website, made from the elements of the website without the express authorization of the company LES PETITS MONTAGNARDS is constitutive of counterfeit sanctioned by articles L.713-2 and following of Intellectual Property Code.
c. Data base
The databases established by LES PETITS MONTAGNARDS are protected by copyright and by the law of 1 July 1998 transposing in the Code of Intellectual Property the European directive of 11 March 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 website is prohibited and sanctioned by articles L.343-4 and following of the Intellectual Property Code.
d. Licensing of Copyright and Image Rights
By putting content online on the website, the User automatically grants an operating license to the company LES PETITS MONTAGNARDS on this content for the needs of the management of the website 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 to the articles integrated into the website.
The User finally declares that the copyrights thus conceded do not infringe the rights of third parties and are not subject to any claim.
The User warrants LES PETITS MONTAGNARDS against any claim of any nature whatsoever that may arise in respect of the ownership of the rights granted, whether in respect of the intellectual property rights, as well as the right to the image or under unfair competition or parasitism and undertakes to reimburse LES PETITS MONTAGNARDS all sums to which he would be condemned in this respect.
5. RESPONSIBILITY OF THE COMPANY LES PETITS MONTAGNARDS
LES PETITS MONTAGNARDS makes its best efforts to ensure the proper functioning of the website and the services contained therein, within the limits of responsibility of these terms and conditions.
a. Access to the website:
The website is by principle available 24 hours a day and 7 days a week, however, LES PETITS MONTAGNARDS declines any responsibility, without this list being limiting:
- In case of interruption of the website for technical maintenance operations or updating of the published information.
- In the event of temporary inability to access the website (and / or the websites and applications linked to it) due to technical problems and whatever their origin and provenance.
- In the event of unavailability or overload or any other cause preventing normal operation of the mobile network used to access the website.
- In case of contamination by possible computer viruses circulating on the network.
- More generally, in the event of direct or indirect damage caused to the User, whatever is the nature, resulting from the access, or the use of the website (and / or websites or applications which are linked to it) )
- In case of abnormal use or illegal exploitation of the website
- In case of loss by the User of his username and / or password or in case of usurpation of his identity.
b. Content posted on the Website by Users
Les Petits Montagnards is not at the origin of the creation of the content posted on the website by the Users which are distributed under the exclusive responsibility of the User.
Not carrying out an a priori moderation of the content posted by Users, LES PETITS MONTAGNARDS can not be held responsible for any content that is illegal, contrary to morality or constitutes any infringement of the rights of others, intellectual property rights or the processing of personal data.
LES PETITS MONTAGNARDS can not be held responsible for exchanges between Users on the website.
LES PETITS MONTAGNARDS can not be held responsible for any content on the website or sent from the website 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 modified, LES PETITS MONTAGNARDS is qualified as web host for the content posted by Users on the website.
LES PETITS MONTAGNARDS is therefore not responsible in principle for the content of Users and does not support any obligation to monitor this content.
c. Public Content of the website:
Despite the greatest care taken in creating and updating the website, LES PETITS MONTAGNARDS can not provide any guarantee, express or implied, concerning the information contained in the website of which it is the author.
Consequently, LES PETITS MONTAGNARDS can not be held responsible for any damage, direct or indirect, resulting from any errors, inaccuracies or omissions of the information contained in the website.
d. Force majeure:
LES PETITS MONTAGNARDS can not be held responsible, or considered to have failed 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 the French courts and tribunals including interruption, suspension, reduction or disruption of electricity or other or interruptions of electronic communications networks or in case of facts beyond its control.
e. Intervention of LES PETITS MONTAGNARDS:
LES PETITS MONTAGNARDS reserves the right to modify the terms, conditions and references herein at any time, particularly in the event of technical, legal or jurisprudential developments or when setting up new services.
It is thus advised to the User to consult regularly the last version of the conditions of use available on the website.
The renewed use of the website as and when the modification of these conditions of use constitutes the acceptance, by each User, of the general conditions of renting and sale in force.
6. RIGHTS AND RESPONSIBILITY OF THE USER
a. Responsibility :
The use of the website is made under the sole and entire responsibility of the User.
The User is solely responsible for the information he communicates from the website.
In the event of abnormal use or unlawful exploitation of the website, the User is solely responsible for damage caused to third parties and the consequences of any claims or actions that may result.
The User also waives the right to exercise any recourse against LES PETITS MONTAGNARDS in the case of proceedings instituted by a third party against him as a result of the use and / or unlawful exploitation of the website.
The User undertakes, in a general way, to respect all the regulations in force in France.
Users undertake not to use the website for:
Publish, transmit, share, store or otherwise make available material that is contrary to public order, prejudicial, threatening, illegal, defamatory, unauthorized, abusive, abusive, malicious, vulgar, obscene, fraudulent, infringing privacy or image rights, obnoxious, inciting violence, racial or ethnic hatred or otherwise objectionable;
Create multiple accounts or impersonate a third party
Transmitting any element 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;
Publish, transmit, share, store or otherwise make available any material that constitutes or encourages a criminal offense or provides instructions as to the manner in which it is to be perpetrated, that violates the rights of a third party or is likely to engage the liability of a third party or to violate local, national or international law.
The User is solely responsible for the content he incorporates into the website, including any content that may be offensive or illegal or may infringe the rights of third parties.
c. Access and security:
It is the responsibility of any User to take all appropriate measures to protect their own data and / or software stored on their mobile or computer equipment against any infringement.
The User has the right to consult free of charge his data hosted on the website and any other information concerning him.
The password is personal and confidential. The User is solely responsible. 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 inform LES PETITS MONTAGNARDS without delay in case of loss or usurpation of his password.
Failing this, and unless proved 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 claims of the User 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 communicate a certain amount of personal information (surname, first name, postal address, email address, telephone number, ...) in order to be able to identify him or simply to guarantee the uniqueness of his personal access.
In accordance with the provisions of the law n ° 78-17 of 6 January 1978 modified relating to data, files and freedoms, the automated processing of personal data made from the website has been the subject of a declaration at 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. For that, it is enough for him to address his request by email to: email@example.com .
Pursuant to Article 6, 5 ° of Law No. 78-17 of 6 January 1978 as amended, personal data shall be kept in a form permitting identification only for a period not exceeding the required duration the purposes for which they are collected and processed.
Personal data are only accessible to authorized staff.
In the forms for the collection of personal data, the User is informed in particular of: the identity of the data controller, his rights in the personal data, the recipients, the purpose of the processing and the mandatory or optional answer.
LES PETITS MONTAGNARDS implements processing on anonymous data from the User's Personal Data for statistical purposes.
In addition to these Terms and Conditions, Users undertake to comply with the General Terms and Conditions of the platforms allowing access to the website and the third party tools used by the website.
The use of these platforms and third-party tools by Users entails the collection and processing of personal data for which LES PETITS MONTAGNARDS can not be considered as the data controller as defined by law n ° 78-17 of January 6, 1978 amended relating to data, files and freedoms.
8. 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 website.
The hypertext links established towards other websites or applications from the website can not, under any circumstances, engage the responsibility of the company LES PETITS MONTAGNARDS.
Similarly, the insertion of hypertext links to all or part of the website is authorized, non-exclusive and revocable at any time, without LES PETITS MONTAGNARDS having to provide any justification, and provided that this link can not create against the website a character false, false, pejorative or may cause him harm.
Under this authorization, LES PETITS MONTAGNARDS reserves the right to oppose.
LES PETITS MONTAGNARDS can not be held responsible for any direct, indirect or incidental damages resulting from the access or the use of the information coming from third websites.
The parties undertake to keep strictly confidential information exchanged and all documents and elements produced in the context of the execution of contracts concluded between them.
The User agrees not to use data from services provided by LES PETITS MONTAGNARDS for purposes other than those provided herein.
During and at the end of the performance of the benefits 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 that are the exclusive property of LES PETITS MONTAGNARDS.
10. INDEPENDENCE OF CLOSES
If any part of these terms and conditions of rental and sale were to be void, invalid or unenforceable for any reason whatsoever, the term or terms in question would be declared non-existent and the remaining terms would retain their full force and scope. and continue to be applicable. The terms declared non-existent would then be replaced by the terms that will be closest to the content and meaning of the annulled clause.
11. APPLICABLE LAW AND AWARD
a. For customers:
According to the preliminary article of the Consumer Code resulting from the law n ° 2014-344 of March 17, 2014 on the consumption, is considered as a consumer any natural person who acts for purposes which do not enter the frame of its commercial, industrial, artisanal or liberal activity.
These general conditions of rental and sale are exclusively subject to French law.
Any litigation (including foreground right) will be the jurisdiction of the courts designated as competent pursuant to 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 arises from the use of the website will be submitted to the competent courts of Thonon-les-Bains, notwithstanding plurality of defendants or warranty.