General terms and conditions for internet rental - Baby equipment hire

 

General terms and conditions for internet rental - Baby equipment hire


Preamble

The reservation of the equipment for hire by internet is only possible after acceptance of these general terms and conditions by the lessee. These general terms and conditions, as well as the prices, may be subject to unilateral modification by the lessor, without notice. Nevertheless, the general terms and conditions, as well as the prices applicable, shall be those indicated on the baby’tems site on the date of the reservation of the equipment by the lessee.

The photographs and texts used on the site to illustrate the products presented are not contractual. Slight variations or colour differences are possible, but shall not affect the validity of the rental agreement.

Article 1 – Definitions

The lessor is baby’tems, situated at 120 rue des Gros Grès, 92700 COLOMBES, SARL (a limited liability company) with a capital of 12 450 euros, registered in the trade and companies register of Nanterre under n° 518 174 487, VAT identification FR18518174487.
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Phone number: 00 33 1 83 62 08 64

The lessee is the individual or legal entity that uses the rented equipment.

The rental service referred to herein consists in supplying equipment for a specified period of time. The geographical scope of the rental services is limited to metropolitan France, excluding Corsica.

The equipment is described in the special rental terms and conditions.

The term equipment refers to an indissociable set of childcare equipment, instructions for use, complete packaging and related accessories. The equipment complies with all applicable European standards.

Any reimbursement which baby’tems may be required to make shall be carried out using the same method of payment as the client (by cheque if the transaction was paid by cheque or in cash).

Working days shall be considered to be every day of the week except Sunday.

Article 2 – Rental agreement, payment terms and electronic files

The rental agreement is established via an order placed by e-mail and validated by baby’tems, at least 6 working days before the start of the rental period.

The order can only be registered on the site if the client carries out the following steps:

- registration, which results in a client number being issued,
- entering the order,
- acceptance of the general terms and conditions,
- validation of the order,
- order payment at least 6 working days before the start of the rental period,
- validation by baby’tems of the order and of payment
- sending by e-mail or by letter the special terms and conditions specifying the details of the order,
- deposit remittance at the latest on the first day of the rental period.

The order is validated on receipt of a payment at least 3 working days before the start of the rental period.

The payment may be made (i) by credit card, directly on the internet site (ii) by cheque cashable in France or bank wire. Cheques must be received by baby’tems at least 3 working days before the start of the rental period and accompanied by a copy of valid identification.

If the cheque has not been received within this timeframe, the payment must be made by credit card. Failing this, the reservation shall be cancelled.

In case of payment by cheque or bank wire, this needs to be received before delivery. In case of payment by cheque, customer will be requested to send a valid ID to baby’tems.

In the event that the initial rental period is extended, the remaining balance due shall be paid at the latest when the equipment is picked up, by credit card, cheque cashable in France, or in cash.

The computer files, stored with a reasonable level of security in baby’tems’ information system, shall be considered as proof of the communications, orders and payments made between the parties.

It is expressly agreed that the data stored in the baby’tems information system shall have probative value with regard to the orders placed by the Client. Electronically stored data constitute valid proof and can be used in the same conditions and with the same probative value as any written document.

Article 3 – Securisation of payment by internet

Payment by credit card on the baby’tems site is made using a secured system, Systempay a solution provided by the BRED bank, or Paypal so that the information transmitted is encrypted by software and no third party may have access to it during its transition through the network.

Article 4 – Prices

The prices indicated are in euro (€) and inclusive of all taxes (including French taxes). The prices do not include delivery costs.

On the product data sheet, the client enters the start and end date for the rental period. The rental cost is then displayed for the specified period of time. For any rental period exceeding one month, the client must contact baby’tems directly for an estimate via the site’s “contact” page, by e-mail or by telephone.

The delivery prices (including pick-up) are:

• €20 including tax for any order to be delivered in the Ile-de-France region (départements 75, 91, 92, 93, 94, 95, 78, 77); delivery is free of charge for any order in excess of €120 including tax (which may be a combination of rental and product purchase costs). €20 extra is charged for delivery and/or pick up in Paris airports and 77 and 91 department (incl. Disneyland Paris area).
• For orders delivered elsewhere in metropolitan France, excluding Corsica and Ile-de-France, the delivery costs are calculated on the basis of the place of delivery and the weight of the order. The client will be informed of this cost prior to the validation of the order.


Article 5 – Effective date - Duration

The rental period begins on the date on which the equipment is made available to the client by baby’tems as indicated in the special terms and conditions.

The equipment is delivered to the address indicated by the lessee.

The rental period ends on the day that the equipment is returned in full to baby’tems, subject to verification that the equipment is complete and in good condition. The lessee may extend the initially agreed upon rental period in agreement with baby’tems. In this case, the invoicing will be made on the basis of the total rental period (digressive prices) and the provisions contained within these general terms and conditions remain applicable up until the new end date.

The rental period cannot be less than 1 day. Each day begun is considered as a full day.


Article 6 – Refusal to rent

Cases where Baby’tems may refuse to rent to a client include, but are not limited to, the following situations:
• No more stock available;
• Failure to make the payment at least three days before the delivery date,
• Failure to pay the price and/or deposit.

Article 7 – Deposit

No equipment will be provided until a deposit has been given by cheque cashable in France, in cash or by card or Paypal, which must be provided by the client latest at the time of delivery of the equipment.

For each product, the amount of the deposit is indicated on the product page of the web site and in the special terms and conditions.

This deposit, the amount of which is fixed by baby’tems on the basis of the equipment rented, may represent up to the acquisition value for new equipment but does not bear any interest.

Article 8 – Provision of the equipment

The equipment is provided in full packaging (boxes, covers, bags, etc…), which forms an indissociable part of said equipment in accordance with the terms of article 1. This packaging must be kept in good condition by the lessee throughout the duration of the rental period.

By signing the delivery slip, the lessee acknowledges that he/she has checked the equipment and that he/she chose it to satisfy needs that he/she determined on a personal basis. baby’tems’ can on no account be held responsible in this respect. baby’tems cannot uphold claims concerning apparent damages which were not indicated in a report drawn up in the presence of both parties and signed by the lessee and the carrier at the time of delivery of the equipment.

If no such report is drawn up, the equipment shall be considered to have been delivered in good, working condition, with the instructions, and must be returned in the same condition.

Article 9 – Use

The lessee undertakes to set up and use the equipment in a responsible manner, for its intended purpose and in accordance with the regulations in force, with all due care and to respect the instructions concerning the use and the safety of the equipment. baby’tems’ obligation is limited to the provision of the instruction booklets.

The lessee is required to protect the rented equipment against any damages. He/she undertakes not to proceed with any modification, alteration or transformation of the equipment. Lending or sub-letting the equipment is strictly prohibited.

In the event of any breakdown or malfunction, the lessee must immediately cease to use the equipment, inform baby’tems by email or by telephone, and not try to make any of the repairs necessary him/herself. The financial consequences of any damages are specified in article 10 hereafter.

Article 10 – Returning the equipment and the deposit

At the end of the rental period, the lessee must return all the equipment in good working condition. The equipment must only undergo the wear and tear resulting from a normal use thereof.

baby’tems shall check that each piece of equipment returned is in good, working order within a period of 3 working days.

If the equipment is complete and in perfect condition, baby’tems undertakes to return the full deposit paid, in accordance with the terms provided in article 1, within 5 working days.

If, when the product is returned, any damages sustained are esthetical and remediable and do not affect the safety of the equipment, the client will be required to pay a fixed sum of €30.

If the rented product’s material or mechanism is damaged or broken when it is returned, rendering the equipment temporarily or permanently unusable, and as such unfit for further rental, baby’tems will keep the full amount of the deposit.

If the equipment has not been returned 48 hours after the end of the agreed rental period, the equipment that has not been returned to baby’tems will be considered to have become the property of the client and the deposit will be cashed by baby’tems without there being any possibility for the lessee to take action in this respect against the lessor.

Any missing element or abnormal deterioration of the packaging shall give rise to a fixed penalty of €10 payable to the lessor.

Article 11 – Delivery and pick up

The equipment is delivered and picked up again directly by baby’tems or by a carrier appointed by baby’tems.

The time slot requested by the client is not contractual and baby’tems reserves the right to change it at any time, on the basis of its schedule, the constraints of its activity or any external event or case of force majeure.

The address from which the equipment is picked up may be different from the delivery address and must be communicated to baby’tems at least 3 working days before the pick-up date.

If the client is absent when the carrier arrives, the lack of communication obliging the carrier to return at a later hour, or if the client is late without having informed baby’tems, an additional € 30 will be due to the lessor. baby’tems reserves the right to rent out to another client any equipment that could not be delivered on the date and at the time agreed upon

baby’tems cannot be held responsible for any delays in delivery which are beyond its reasonable control, such as resulting from storms, modifications of regulations, delays in public transport or in the return of equipment from another client, force majeure, strikes, nor can it be held responsible for their direct or indirect consequences with regard to the lessee or third parties and shall not be liable for any indemnity in this respect.

The lessee is bound by the provisions of these general terms and conditions up until the effective recovery of the equipment by baby’tems or its appointed carrier. It remains the guardian of the rented equipment and undertakes to keep watch over it.

Article 12 – Cancellation

The client has 14 full days to exercise its right of retraction starting from the date of reservation. If this period ends on a Saturday, Sunday or public holiday or non working day, it is extended until the following working day.

However, it is agreed between the parties that this right of retraction can no longer be exercised once the equipment has been delivered, in which case the rental period has begun before the end of this 14 day period.

At the end of this 14 day period, the client may still retract up until the 3rd working day before the start of the rental period.

If this right of retraction is exercised, the amounts paid by the client are reimbursed in accordance with the terms set forth in article 1 above, without any penalties due, within a maximum period of 30 days starting from the date on which the right of retraction was exercised.

In the event of the cancellation of the order after the end of the retraction period, or less than 3 working days before the start of the rental period, whatever the reason for such cancellation, no reimbursement may be claimed and baby’tems shall keep the amount of 15,00 €.

Article 13 – Limitation of baby’tems’ liability

baby’tems cannot be held responsible for damages caused to any property or person using the equipment either during the rental period or after the return of the equipment.

The lessee alone is responsible for the use of the equipment and the damages incurred and caused by this equipment. The lessee shall bear all the costs resulting from such damages.

Nevertheless, the lessee cannot be held responsible for any damages resulting from any latent defect in the equipment which makes it unfit for use, on condition that it provides proof of such defects.

Article 14 – Data privacy

The personal data supplied by the client are not disclosed to third parties; unless expressly opposed by the client, they are included in the baby’tems customer file.
In accordance with French law n° 78-17 dated January 6, 1978, the client has the right to access and correct this data at all times. In order to exercise this right, the client must simply contact baby’tems.
The automated processing of data, including the management of the site users’ e-mail addresses, has been detailed in a report filed with the CNIL on January 27th, 2010, registered under number 1408777.

Article 15 - Jurisdiction

To the extent that no amicable settlement can be reached, any dispute in connection with the conclusion, performance or termination of this agreement shall be submitted to (i) the competent court according to French rules of procedure if the lessee is a private individual, or (ii) by the commercial court within whose jurisdiction the baby’tems registered office is situated if the lessee is a corporation. For clients domiciled abroad, only the French courts shall have jurisdiction. In all cases, only French law shall be applicable.

The lessee hereby acknowledges that it has read and approved the general terms and conditions set forth herein.

Updated on 2014, March 30th.

 

  

General terms and conditions for internet sale - Baby products sale

 
 
Preamble

The seller is baby’tems, situated at 120 rue des Gros Grès, 92700 COLOMBES, SARL (a limited liability company) with a capital of 12 450 euros, registered in the trade and companies register of Nanterre under n° 518 174 487, VAT identification FR18518174487.
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Phone number: 00 33 1 83 62 08 64

The sale of baby products by internet is only possible after acceptance by the client of these general terms and conditions of sale. These general terms and conditions, as well as the prices, may be subject to unilateral modification, without notice given by baby’tems. Nevertheless, the general terms and conditions, as well as the prices applicable, shall be those indicated on the baby’tems site on the date that the order is placed by the client.

The photographs and texts used on the site to illustrate the products presented are not contractual. Slight variations or colour differences are possible, but shall not affect the validity of the sale.

Article 1 – Products

The products sold by baby’tems are presented on the babytems.com web site.
A fact sheet is available for each of the products, describing all the product characteristics.

All the products sold by baby’tems comply with applicable European standards.

Article 2 – Price and availability

The prices indicated are in euro (€) and inclusive of all taxes (including French taxes). The prices do not include delivery costs.

If any product is unavailable, the client will be informed by e-mail or by telephone. If possible, baby’tems will propose a replacement product. The client may accept the replacement product or cancel the order for the unavailable product; the other products ordered will be delivered in the usual conditions. In this case, baby’tems will reimburse the client for the unavailable product within 30 days.

Article 3 – Order and electronic files

The order is placed by e-mail and validated by baby’tems, at least three working days before the requested delivery date.

The order can only be registered on the site if the client carries out the following steps:

- registration, which results in a client number being issued,
- entering the order,
- acceptance of the general terms and conditions,
- validation of the order after verification,
- payment of ordered products,
- order validation by baby'tems,
- sending, by e-mail or by letter, the special terms and conditions specifying the details of the order.

The computer files, stored with a reasonable level of security in baby’tems’ information system, shall be considered as proof of the communications, orders and payments made between the parties.

It is expressly agreed that the data stored in the baby’tems information system shall have probative value with regard to the orders placed by the Client. Electronically stored data constitute valid proof and can be used in the same conditions and with the same probative value as any written document.

Article 4 – Payment terms

All invoices are payable in full. Payment is made directly by credit card via the internet site.

In this case, payment is made using a secure system, Systempay a solution provided by the BRED bank or Paypal, so that the information transmitted is encrypted by software and no third party may have access to it during its transition through the network.
 
Payment may also be made by cheque cashable in France or bank wire, this needed to be received before products are shipped.
In case of payment by cheque, a copy of a valid identification needs to be sent together with the cheque.

Article 5 – Delivery

The products are delivered directly by baby’tems or by a carrier appointed by baby’tems.

The time slot requested by the client is not contractual and baby’tems reserves the right to change it at any time, on the basis of its schedule, the constraints of its activity or any external event or case of force majeure.

The delivery prices are:

• € 20 including tax for any order to be delivered in the Ile-de-France region (départements 75, 91, 92, 93, 94, 95, 78, 77); delivery is free of charge for any order in excess of €120 including tax (which may be a combination of rental and product purchase costs). €20 extra is charged for delivery and/or pick up in Paris airports and 77 and 91 department (including Disneyland Paris area).
• for orders delivered elsewhere in metropolitan France, excluding Corsica and Ile-de-France, the delivery costs are calculated on the basis of the place of delivery and the weight of the order. The client will be informed of this cost by e-mail.

If the client is absent when the carrier arrives, the lack of communication obliging the carrier to return at a later hour, or if the client is late without having informed baby’tems, an additional € 30 will be due to the client.

Orders placed without joint rental can be shipped in France only, by Colissimo or Lettre max. Costs are calculated on the basis of the place of delivery and the weight of the order and will be communicated to customers before order confirmation.

baby’tems cannot be held responsible for any delays in delivery which are beyond its reasonable control, such as resulting from storms, modifications of regulations, delays in public transport or in the return of equipment from another client, force majeure, strikes, nor can it be held responsible for their direct or indirect consequences with regard to the client or third parties and shall not be liable for any indemnity in this respect.

Article 6 - Warranty

All the products supplied by the baby’tems are guaranteed against hidden defects in accordance with articles 1641 et seq. of the French civil code.

Article 7 – Right of retractation for individuals

In accordance with applicable legislation, the consumer, as a private individual, has 14 full days to exercise his/her right of retraction starting from receipt of the products. If this period ends on a Saturday, Sunday, a public holiday or non working day, it is extended until the following working day.

If you would like to return your order (right of retractation, hidden defect or non compliance) you must respect the following 3-step procedure:

1/ Firstly, you must contact baby’tems in order to obtain a product return number, either by telephone at 00 33 1 83 62 08 64, or by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it., indicating your address or telephone number, your order number, the reference number for the product(s) concerned as indicated on the invoice and the reason for returning the product(s).

2/ Once you have obtained a product return number, you must send the package, at your expense, with the products complete and in good condition for resale (products returned incomplete, damaged or dirty will not be taken back) to the following address: baby’tems, 120 rue des Gros Grès, 92700 Colombes within 14 days.

The packages must contain the initial invoice and the product return number must be indicated.

You must bear the cost of the package delivery. We will not accept packages sent carriage forward.

3/ Once we have received the package and verified the condition of the products returned, we will reimburse you within 14 working days by cheque or by credit card.

Article 8 – Data privacy

The personal data supplied by the client are not disclosed to third parties; unless expressly opposed by the client, they are included in the baby’tems customer file.
In accordance with French law n° 78-17 dated January 6, 1978, the client has the right to access and correct this data at all times. In order to exercise this right, the client must simply contact baby’tems.
The automated processing of data, including the management of the site users’ e-mail addresses, has been detailed in a report filed with the CNIL on January 27th, 2010, registered under number 1408777.

Article 9 - Jurisdiction

To the extent that no amicable settlement can be reached, any dispute in connection with the conclusion, performance or termination of this agreement shall be submitted to (i) the competent court according to French rules of procedure if the client is a private individual, or (ii) by the commercial court within whose jurisdiction the baby’tems registered office is situated if the client is a corporation. For clients domiciled abroad, only the French courts shall have jurisdiction. In all cases, only French law shall be applicable.


The client hereby acknowledges that it has read and approved the general terms and conditions set forth herein.

 

Updated on 2014, March 30th.