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: contact@babytems.com
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 (credit on your card if payment was made by card, by cheque if
the transaction was paid by cheque or 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 3 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 (name, firstname, address, email, phone number),
- entering the order,
- acceptance of the general terms and conditions,
- validation of the order,
- order payment at least 3 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.
The order is validated on receipt of a payment at least 3 working days before the start of the rental period.
The
payment is to be made by credit card, directly on the
internet site.
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 cash, credit card or by cheque cashable in France.
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 our supplier Stripe
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 fees (including pick-up) are calculated in the cart.
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 3 days. 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
Equipment
delivery is done with no deposit. By accepting delivery, client accepts
to take over any damage caused to baby items during rental period or
loss of items and reimburse the owner for these, for the value up to the
acquisition value for new equipment.
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
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,
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.
Missing instruction booklet are charged a fixed sum of 5€/piece.
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 send an
invoice to be paid at reception for the value up to the acquisition
value for new equipment.
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 will send an invoice to be
paid at reception for the value up to the acquisition value for new
equipment, 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 full amount.
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, correct and
delete 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 2023, July 3rd.