TERMS AND CONDITIONS OF RENTAL WITH PURCHASE OPTION SPLEASED.COM
ARTICLE 1 – SCOPE OF THE GENERAL RENTAL CONDITIONS
The present general conditions (hereinafter referred to as “Conditions”) are concluded between :
On the one hand, SPLEASED S.A.S, operator of the site spleased.com, a company with a capital of 20,000 euros, registered with the RCS BREST under the number 349702241 and whose registered office is located at 2, rue François Verny, 29200 BREST and on the other hand, the natural persons, private individual or not, wishing to subscribe to a rental contract with purchase option via the online sales site (Internet) www.spleased.com, the natural person is deemed to be the exclusive user of the equipment rented for the entire duration of the rental.
Here in after referred to as the “Customers” or the “Customer” on an individual basis.
www.spleased.com and Customers together hereinafter referred to as the “Parties”.
The delivery of the parcels can only be carried out territorially in the European Union, Corsica and Monaco.
Spleased.com rents its products exclusively remotely either via the Internet network (site or electronic mail), or by telephone, or by fax, or by postal mail. Spleased.com does not have a store apart from its Internet site. All the products rented by spleased.com are listed on the Internet site of the company (hereafter called “Products”). Spleased.com does not distribute a paper catalog.
Fields of application :
These terms and conditions apply to all applications for rental contracts and associated service packs made on the spleased.com web site.
Ability to Contract :
The subscription of a rental contract of a product found on the site spleased.com not being an act of management of the daily life, in view of the respect of the article 1124 of the civil code, any customer of SPLEASED.COM declares to have the capacity to contract under the conditions described hereafter, i.e. to be emancipated minor or to have the legal majority and not to be protected within the meaning of the article 488 of the Civil code.
Spleased.com reserves the right to refuse any subscription of a rental contract of a Customer with whom would exist or would appear during the treatment of this request for subscription a litigation, in particular a litigation of payment.
ARTICLE 2 – THE SUBSCRIPTION/ORDER – VALIDATION OF THE SUBSCRIPTION – FORMATION OF THE CONTRACT
Rental requests are made on the website spleased.com
Contractual information is presented in French.
Upon subscription, the Customer undertakes that the rented products are intended for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. If this should be the case, SPLEASED.COM proposes offers specifically dedicated to professionals.
To subscribe to the rental contract, the Customer follows the various stages of subscription scrolling on the site, namely :
- The selection of the product to be rented for a determined period ;
- The entry of his personal data (identification, billing address, personal situation …) in the sections “Connection”, “Addresses” “Delivery”;
- The entry of his bank details in the “Payment” section, via the secure bank transfer payment solution Go Card Less ;
- And the finalization of the subscription with the generation of the rental contract sent by email.
The Customer chooses among different ranges, a new or second-hand product, which will be provided to him/her within the framework of the rental, having the technical characteristics presented in the “Product Sheet”.
The rental is for a fixed period starting from the subscription of the rented product(s), i.e.: 1 week, 2 weeks, 1 month, 3 months, 12 months, 24 months and 36 months. The Customer assumes the risk of the rented product(s). He undertakes to use the rented product(s) under normal conditions of use to guarantee its proper treatment. He has the custody and responsibility, in accordance with the provisions of Article 1384 of the Civil Code.
2.2. Validation of the subscription to the rental contract
The attention of the Customer is particularly drawn to the mode of acceptance of the electronic subscription to the rental contract through the site spleased.com. The click on the button “validation order” and the check box on the knowledge and the acceptance of the general conditions of hiring, validating the subscription, is worth acceptance of the hiring contract. They constitute for the Customer, an acceptance without reserve of the rental contract.
The information communicated by the Customer during the electronic subscription of the rental contract (in particular name and billing address) is binding on the Customer. Thus, SPLEASED cannot be held liable in any way in the event that an error during the electronic subscription would prevent or delay the execution of the service, and in particular the delivery of the product(s).
SPLEASED carries out all necessary checks to verify the validity of the information communicated and to validate the request in order to detect and limit fraud. Any data not communicated necessary for the validation of the request will prevent the realization and the analysis of the request of hiring. Any unpaid amount resulting from fraudulent use of credit card, or any incident of payment not regularized could be the subject of the inscription of the coordinates in connection with the associated order within a file incident of payments implemented by SPLEASED.
Any irregular declaration or anomaly could be the subject of a specific and appropriate treatment and SPLEASED could for this reason refuse the request for a long-term rental contract.
Within the framework of the implementation of its control, SPLEASED can be brought to contact the Customer and can for this reason, ask for any additional supporting documents. In the absence of communication of these supporting documents, SPLEASED may refuse the application for a rental contract with purchase option and the application will then be cancelled and the first payment refunded. The lease with purchase option contract is definitively concluded subject to the receipt of all the requested supporting documents and the final approval of SPLEASED within two (2) working days from the receipt of the said documents. If SPLEASED does not respond within this time period, the Customer’s application will be deemed to be rejected.
The payment of the subscription of the rental contract is carried out in two stages:
- A first payment at the time of subscription to the rental contract is made by the Client at the time the file is submitted for validation. If the file is finally refused, SPLEASED proceeds to the immediate refund of the first payment by bank transfer to the Customer’s bank account, subject to the banking deadlines.
- The amount of the rent is then paid monthly. For this purpose, the Customer may expressly authorise SPLEASED, prior to the subscription of the rental contract with purchase option, to debit the rent from the Customer’s bank account on a monthly basis via the SEPA direct debit mandate. The Customer will be debited monthly by direct debit from the Customer’s bank account without prior notice. To this end, the Customer shall enter his bank account details (in IBAN format) during the subscription process in the “bank details” section.
The subscription to the Rental Contract will only be considered as accepted by SPLEASED when SPLEASED has received the validation of the payment and has validated the subscription with regard to its granting and risk acceptance criteria.
In case of acceptance of the application by SPLEASED, the Customer will be informed by sending the confirmation of his rental application by e-mail as well as all his contractual documents. The Customer must have a valid e-mail address necessary to receive the e-mail confirming his application.
In case of refusal of the file despite the validation of the payment, SPLEASED will proceed to the refund of the first payment to the Customer immediately subject to the deadlines in banking matters.
Following the validation of the Customer’s rental application, the contractual information relating to the said subscription (including in particular the order number) shall be confirmed by e-mail.
2.3 Formation of the contract
The rental contract is valid and definitively formed between the Parties only from the acceptance of the rental by spleased.com, which is materialized by the payment of the amount of the first rent.
The rental contract is validly and definitively concluded on this date, but the duration of the rental contract does not begin until the day of delivery of the leased product(s) to the Customer, which is the subject of a delivery note, and ends at the end of the contract or upon termination of the contract.
ARTICLE 3 – THE AMOUNT OF THE RENT – PAYMENT OF THE RENTS
3.1 Amount of the lease
The amount of the rental calculated according to the type of product rented and the selected rental period is that shown on the website www.spleased.com. This amount is expressed in euros including all taxes.
The monthly payments are fixed for the entire duration of the contract. Spleased.com reserves the faculty to modify its tariffs constantly but commits itself applying the tariffs in force at the time of the registration of the subscription to the contract subject to the availability of the products on this date.
At the earliest on the date of the formation of the contract (see point 2.3), the Customer will be charged an amount corresponding to a monthly payment.
3.2. Payment – Terms of payment
As from the formation of the contract and except for the first withdrawal, the amount of the rent is debited monthly in arrears to the bank account whose bank details have been provided by the customer on the site WWW.SPLEASED.COM.
The subscription to the rental contract will only be considered as accepted by SPLEASED.COM when the debit of the first installment is authorized by the customer’s bank.
Spleased.com commits itself to place at the disposal of the customer on the site www.spleased.com, an invoice in the 7 days at most following the delivery of the rented material.
In the event of change of bank account during the course of the contract, it is requested to the Customer to contact SPLEASED as soon as possible and in any case at least 10 days before the following deadline of withdrawal.
Otherwise, if this non-change results in a rejection of payment, SPLEASED reserves the right to pass on the costs incurred to the Customer’s next monthly payment, plus the late payment penalties provided for in article 3.3 below.
3.3. Late payment
Any due amount not paid on its contractual due date will give rise to the payment of interest on arrears, calculated on the basis of the monthly rent at an annual rate of 10.75% plus a reminder fee of € 35.00.
In the event of partial or total non-payment of a single invoice, the lessor reserves the right to demand, without prior formal notice, the immediate payment of all sums that may be due.
Any transmission of the file to the services of the lessor in charge of the litigation will generate a handling fee corresponding to 5% of the amount of the debt due with a minimum of 75€ HT.
Furthermore, SPLEASED.COM reserves the right to terminate the contract following the non-payment of 2 rents, even if not consecutive.
Refusal to return the product or non-payment of the sums due may result in the initiation of legal proceedings for litigation.
ARTICLE 4 – SECURITY / ANTI-FRAUD CONTROL
Transactions on the spleased.com website are secured by the GoCardless payment system. All information exchanged to process the payment is encrypted using the HTTPS protocol. In this way, SPLEASED guarantees appropriate security so that this data is not detected, intercepted or used by third parties. SPLEASED does not store this data on its computer systems. The entry of bank details is secured by the GoCardless security protocol.
GoCardless is a technical service provider and does not accept any disputes in connection with contract subscriptions. These must be addressed directly to SPLEASED.
In accordance with the modified law n°78-17 of 6 January 1978, relating to information technology, files and liberties, the Customer has, free of charge, the right to access, rectify and oppose at any time, as well as the right to organise the management of his data after his death by writing by email to email@example.com.
Where applicable, the Customer gives his consent to the use of his personal data for the issue and storage of an electronic certificate for the purpose of signing a SEPA Direct Debit Mandate online
In order to prevent fraudulent use of means of payment, Customer accounts, delivery addresses, and to further secure Customer transactions, SPLEASED carries out checks on the subscription requests made by its Customers.
As part of these checks, the Customer may be asked to send us administrative documents such as: Proof of identity and/or proof of address (fixed telephone bill, electricity, gas, water receipt, etc.), and for companies: KBIS extract less than 3 (three) months old.
Within the framework of these checks, if the supporting documents are not sent to us or if the documents sent do not enable us to establish with certainty the identity of the person placing the order and the reality of the direct debit, we will not be able to validate the subscription and it will be cancelled.
ARTICLE 5 – AVAILABILITY
Rental offers including product categories, rental periods and rates are valid as long as they are visible on the site.
In case of unavailability of a product after validation of the subscription by the Customer (point 2.2), SPLEASED will inform the Customer of the new delivery time of the product ordered from its suppliers. However, the Customer may cancel his order and/or subscribe to a new rental request for a new product.
If the product is put into production, the first payment will be withdrawn upon subscription, then the leasing will be temporarily put on hold. It will then be restarted as soon as the leased good is produced. The production period will then shift the following instalments (monthly payments + renewal option).
ARTICLE 6 – DELIVERY / DELIVRANCE
6.1. 6.1. Delivery times
The products covered by the rental contract are delivered within 48 hours from the date of registration of the subscription request defined in “paragraph 4 – Order Date”.SPLEASED informs its Customers that these deadlines do not include Saturdays, Sundays and public holidays.
6.2. Method of delivery
The product subject of the rental contract is delivered packed to the delivery address given during the subscription process, by a third party carrier appointed by SPLEASED. At the end of the contract, a date for the passage of the carrier is fixed with the Customer.
In the event of a change in the delivery address between the subscription of the contract and the effective delivery of the product, this change must be communicated by the Customer to SPLEASED. In this case, the Customer must immediately inform SPLEASED by calling the Customer Service Department in order to communicate the change of delivery address to the carrier as soon as possible. This may result in an extension of the delivery time, which the Customer agrees to.
The products are packaged in such a way as to comply with the transport standards in force, and to ensure optimal protection of the Products during their delivery. The Customer is asked to respect these same standards when returning a product, whether it is during after-sales service or when returning it for convenience. Any damage found to a product on return due to a problem of packaging level not respected may result in a partial refund or non-refund of the product in case of impossibility of resale in the state or in case of aggravation of the technical problem indicated.
6.3. Follow-up of the subscription
The Customer who has created an account with a user name and password can at any time consult the status of his order on the site www.spleased.com by consulting his account. This tracking allows the Customer to know the processing status of his order, but also the shipping status of his packages. The latter delivery tracking is carried out by interfacing with the carriers’ Internet tracking systems. SPLEASED cannot therefore be held responsible for any unavailability or errors that may affect the information provided by its carriers. SPLEASED nevertheless endeavours to make this information as clear as possible and to make transport with its carriers as reliable as possible.
The Customer may at any time contact the sales department of SPLEASED in order to be informed of the follow-up of his order.
6.4. Responsibility of the Customer for the verification of the parcels upon reception
SPLEASED reminds you that it is the Customer’s responsibility to inspect his parcels upon receipt in the presence of the delivery person and to notify any anomaly (shock, damage to the parcel, delivery date not conforming to the normal delivery time, condition of the packaging …). In the event that such information has not been included on the delivery note presented to the Customer by the carrier, no claim relating to the condition of the package(s) can be accepted a posteriori by SPLEASED.
ARTICLE 7 – RETRACTION
As from the acceptance of the subscription of the contract by SPLEASED.COM (formation of the contract, point 2.3) the Customer has a period of fourteen clear days to exercise his right of withdrawal, in accordance with Article L. 121-20 of the French Consumer Code. When the fourteen-day period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the first following working day.
However, being within the framework of a service provision contract and in accordance with article L. 121-20-2 1° of the Consumer Code, the Customer who receives the rented product before the end of the 7 clear days period, will no longer be able to exercise his right of withdrawal, the service provision having thus begun, which the Customer acknowledges and accepts in fact.
In order to exercise his right of retraction under the conditions of the above-mentioned time limit, the Customer shall contact SPLEASED Customer Service by telephone or by e-mail (0679336201 – firstname.lastname@example.org). The Customer will be followed and helped in his withdrawal process.
If the Customer exercises his right of withdrawal, his bank account will be re-credited with any sums already withdrawn within a maximum period of 30 days following the date on which the right of withdrawal has been exercised. However, the Customer shall remain liable for the return costs as well as for the processing fees and delivery options contracted.
ARTICLE 8 – CONVENTIONAL CONDITIONS OF USE
The Client shall refrain from subletting the rented product or divesting itself of it in any way whatsoever.
The subletting of the rented product, its provision free of charge or against payment by the Customer for the benefit of a third party, or its exchange for another product, is contrary to the provisions and spirit of the contract, and may be the subject of a claim for compensation for the damage suffered by SPLEASED.
8.2. Use, Maintenance
During the entire duration of the Rental, the Customer must use the product under normal conditions and maintain it in good working order.
Any malfunction must be notified without delay to SPLEASED.
Some products may be supplied with accessories. All accessories must be returned in good condition with the associated product at the end of the contract.
In the event of non-return, loss or damage of the accessories, they will be invoiced to the Customer at their purchase value, on presentation of supporting documents.
ARTICLE 9 – INTELLECTUAL PROPERTY
All documents, products, texts, comments, information, logos, brands, illustrations and images reproduced or accessible on the website spleased.com, are protected under intellectual property law by their holders, both in terms of economic rights and moral rights, and consequently, are exclusively intended for private and free use within the family circle within the meaning of Article L122-5-1 of the Intellectual Property Code.
In accordance with the provisions of the Intellectual Property Code, any representation, distribution or public commercial or non-commercial communication of these documents, products, texts, comments, information, logos, brands, illustrations and images, any total or partial reproduction for other purposes, and more generally any making available to a third party by any means whatsoever, including sale, rental, exchange, loan are strictly prohibited, unless SPLEASED has given its express prior consent.
All documents available or accessible on this Site are the property of SPLEASED.
The Customer undertakes not to circumvent or modify the software necessary for the use of the service.
The Customer undertakes not to infringe, modify or delete the identification and information mentions relating to the rights on the audiovisual and sound documents.
Any violation of this article will expose its author to criminal prosecution for counterfeiting in accordance with articles L335-2 and following of the Intellectual Property Code, without prejudice to civil proceedings that may also be instituted, in particular by other holders of rights on the documents.
ARTICLE 10 – LIABILITY AND WARRANTIES
The photographs reproducing the products are not contractual. The Customer is called to take note of the technical characteristics and of aspect of the products presented on Internet site spleased.com via the product sheet before proceeding to the subscription to the rental contract, because only these characteristics are essential and determining to the acceptance of the offer of subscription by the Customer.
In the event of hypertext links, the responsibility for the SPLEASED company could not be sought in the assumption that the contents of the external site would contravene the legal and/or lawful provisions.
The total or partial impossibility to use products with the Customer’s pre-existing equipment shall not give rise to any compensation whatsoever or reimbursement or liability of SPLEASED.
10.2. DAMAGE RESULTING FROM THE USE OF THE PRODUCT
a. Damage attributable to the Customer.
The Client assumes all the direct or indirect consequences of any event for which he is liable, in particular due to his negligence, failure, imprudence in the use of the rented product and occurring during the rental period. His responsibility will extend to the consequences of events occurring during the rental period, but whose damage would only be revealed after the return of the product to SPLEASED.
b. Damage not attributable to the Customer.
In the event of deterioration or destruction of the product due to an external event beyond the control of the Customer (fire, flood, third party damage, etc.), the Customer must inform SPLEASED Customer Service without delay.
SPLEASED informs the Customer that safety is an essential element of the rental agreement within the meaning of article 1186 paragraphs 1 and 3 of the Civil Code. As such, the Customer will be informed by any means of any recall procedure set up by its suppliers, a recall procedure that the Customer undertakes from now on to respect in order to benefit from the measures provided for in article L422-2 3° of the Consumer Code. The effective return of the product will terminate the contract, pursuant to Article 1187 of the Civil Code.
10.3. SEIZURE OF THE RENTED PRODUCT
In the event of seizure of the rented product, the Customer undertakes to notify SPLEASED without delay, to make all declarations and to take all measures to preserve the rights attached to the property of SPLEASED.
If it has not been possible to release the rented product within 7 days of the seizure, the contract will be automatically terminated at the exclusive fault of the Customer, who will then have to pay SPLEASED the totality of the sums due until the end of the rental contract, without prejudice to the compensation of any other damage suffered by SPLEASED.
10.4. THEFT OF THE PRODUCT
In case of theft of the Product, SPLEASED shall be informed as soon as possible. It is up to the Customer to go and file a complaint with a Police or Gendarmerie office. The filing of a complaint and all elements must be sent to SPLEASED by post or electronically. The rental contract and the Pack will continue to be effective, the monthly payments will continue to be taken.
ARTICLE 11 – GUARANTEES
11.1. LEGAL GUARANTEES
By law, the Customer benefits from the legal guarantee against hidden defects from both the Manufacturer and the Distributor, under the conditions set out in Article 1721 of the French Civil Code and the legal guarantee of conformity set out in Articles L. 217-4 to L. 217-12 of the French Consumer Code.
Independently of the conventional commercial guarantee, the Customer has the legal guarantee of conformity valid for two (2) years from the delivery of the Guaranteed Product, it being specified that defects of non-conformity that appear within 24 months from the delivery of the Guaranteed Product are deemed to exist at the time of delivery, unless proven otherwise. The Customer has the choice between repairing or replacing the Guaranteed Product, subject to the provisions of Article L.217-9 of the French Consumer Code.
“Article L217-4 of the Consumer Code: the seller delivers a good that complies with the contract and is liable for any defects in conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been charged to the seller by the contract or has been carried out under the seller’s responsibility. »
“Article L217-5 of the Consumer Code: the good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate:
- If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- If it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter”.
“Article L217-12 of the Consumer Code: the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
“Article 1721 of the Civil Code: The lessee is guaranteed for all defects or faults in the leased item that prevent its use, even if the lessor did not know about them at the time of the lease. If the lessee suffers any loss as a result of these defects or faults, the lessor is bound to compensate the lessee. »
“Article 1648 Al.1 of the Civil Code: the action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
11.2. OPTIONAL CONVENTIONAL GUARANTEE
This is the conventional warranty, which, as an option, is in addition to the legal warranties, and which allows the Customer to benefit, throughout the duration of the rental contract, from a repair and replacement service for the product during the rental contract with purchase option. This guarantee is associated with the TULIP insurance associated with the rented product. The terms and conditions of the insurance can be viewed here.
The services provided in the context of the rental with purchase option will be carried out by SPLEASED’s subcontracting partners. The Customer acknowledges having been informed of this and expressly accepts the subcontracting of the services.
The cover of this guarantee is worldwide but the services resulting from the implementation of the guarantees (delivery of a product, diagnosis of the product, repair of the guaranteed product, possible return of the guaranteed product, or delivery of the replacement product…) are made exclusively in metropolitan France (except Corsica).
Within the framework of the conventional commercial guarantees with a view to restoring the product, any period of immobilisation of the good of at least seven (7) days is added to the period that remains to run, in accordance with the provisions of article L.217-16 of the Consumer Code.
ARTICLE 12 – END OF THE CONTRACT – TERMINATION OF THE CONTRACT
12.1. CONTRACTUAL TERM
The rental agreement shall come into force upon final acceptance of the application by SPLEASED and shall be concluded for a period fixed in the rental agreement. The rental period is irrevocable unless the Customer implements the evolution clause contained in the general terms and conditions.
12.2. TERMINATION FOR FAILURE BY THE CUSTOMER TO COMPLY WITH CONTRACTUAL OBLIGATIONS
The contract may be terminated at the initiative of SPLEASED in the following cases:
– in the event of non-payment of an unpaid rent due date;
– in the event of fraud or attempted fraud by the Customer;
– in the event of the Customer’s death (except in the event of legal action by the rightful claimants).
In the event of proven fraud or non-payment of unpaid rent, SPLEASED reserves the right to terminate the rental contract with purchase option.
In the event of default by the Customer in the repayment of his monthly rentals, SPLEASED may demand payment of the unpaid and outstanding sums.
In this case, SPLEASED reserves the right to engage an anticipated recovery of the rented products, the costs of which can only be borne by the Customer as an indemnity.
12.3. PURCHASE OPTION PAYMENT
At the end of the lease term, the Lessee may exercise the final purchase option; otherwise, the Lessee shall return the asset to the Lessor at its own expense.
At the end of the lease period, the Lessee may choose between 2 options:
1) pay the purchase option deduction.
2) not exercise the purchase option and return the product at its expense to the supplier in good working order and in a standard condition. If the product requires repair, the cost of the repairs shall be borne by the lessee.
The lessee undertakes to pay the repair costs immediately. Any delay in the return of the property attributable to the Lessee shall oblige the Lessee to pay the Lessor compensation for loss of use equal to the amount of the last rent, each month commenced being due in full, from the termination or end of the contract until the effective return of the property.
12.4. NEW REGULATIONS
In the event of new regulations requiring the leased product to comply with new regulatory requirements, SPLEASED will contact Customers to implement the appropriate procedures.
ARTICLE 13 – RETURN OF THE PRODUCT AT THE END OF THE RENTAL PERIOD
At the initial or anticipated end of the rental period, or as soon as it is cancelled, a carrier will collect the equipment from the Client within fifteen (15) working days in a state of use, without any marked breakage or damage and with all the accessories inherent to its operation (drifts …).
SPLEASED will agree with the Customer on the collection point and the day of the carrier’s visit. Once the product has been sent, the Customer will receive an e-mail confirming receipt of the product with a description of the product’s condition.
The Client must be up to date in the payment of his monthly installments.
13.2. CONDITION OF THE PRODUCT
The condition of the product must correspond to a state of good working order, its wear must only result from normal use. The product must be returned in an optimal state of cleanliness.
Claims declared at the time of return will be invoiced to the Customer up to the amount of the expenses incurred by SPLEASED for the repair, cleaning or recycling of the product, or in the event of non-return of the products.
Table of penalties according to product ranges and cases of return or non-return:
Material returned with missing elements 50 €.
Badly carried out repairs (excluding repairs carried out under the TULIP insurance) 50 €.
EQUIPMENT RETURNED OUT OF USE OR NOT RETURNED
Expenses according to repair estimate
Amount of the call option
When renting the product, the product can benefit, as an option, from the TULIP insurance against breakage. If a claim occurs during the use of the product, the customer undertakes to report the claim to SPLEASED in order to proceed with the claim report to the TULIP insurer. If no claim has been reported before the end of the rental period, it will no longer be possible to operate the TULIP insurance, and penalties will then be applied.
ARTICLE 14 – NON-WAIVER
The fact that one of the parties does not avail itself of one of the clauses of this contract at a given moment cannot be considered by the other party as a waiver of rights.
ARTICLE 15- ASSIGNMENT OF RIGHTS / LEASE AGREEMENT
As this contract has been entered into taking into account the Customer’s own qualities, it may not be assigned or transferred by the Customer without the express written consent of SPLEASED.
The rental contract with purchase option is concluded intuitu personae. Nevertheless, it may be assigned by SPLEASED to a third party. The Rental Purchase Agreement is therefore a transferable promissory note for SPLEASED by simple endorsement, whereby the beneficiary of the endorsement acquires all rights and warranties vis-à-vis the Customer arising from this Agreement, including the right to collect all or part of the Customer’s claim, without this transfer being able to result in a reduction of the Customer’s rights.
ARTICLE 16 – ELECTION OF DOMICILE
For the application of this contract, the parties shall elect domicile at the principal place of their respective domiciliation and or registered office.
Any change in the Customer’s domicile must be notified to SPLEASED within 7 days of such change.
ARTICLE 17 – ASSIGNMENT OF JURISDICTION
The law applicable to the contracts concluded by the Customers with the company SPLEASED on Internet site spleased.com is the French law. In the event of litigation, the Parties will make their best efforts to find an amicable solution to their dispute, including through the mediation provided for in Article 20 below. In the absence of an amicable resolution and/or in case of failure of the mediation, the competent court will be that of the domicile of the Defendant, unless otherwise provided by law.
ARTICLE 18 – CUSTOMER SERVICE
For any problem of degradation of a product or for any question, information or complaint, the Customer is invited to contact SPLEASED by telephone at 06.79.33.62.01 (price of a local call from a fixed line) from Monday to Saturday (except public holidays) from 9 a.m. to 6 p.m. or by e-mail on the contact form of the site spleased.com.
ARTICLE 19 – CONVENTIONAL MEDIATION
Pursuant to the provisions of the French Ordinance n°2015-1033 of 20 August 2015 relating to the out-of-court settlement of consumer disputes and its implementing decree n°2015-1382 of 30 October 2015 relating to the mediation of consumer disputes – and more particularly articles L 111-1-6 and L 612-1 et seq. of the French Consumer Code – it is recalled that, any consumer has the right to have recourse free of charge to a Consumer Mediator with a view to the amicable resolution of a dispute between him/her and a professional.
Any Customer may therefore refer the matter to the Consumer Mediator as soon as his or her prior direct complaint to SPLEASED has not been successful. The Customer may alternatively opt for the settlement of the dispute by the competent Court.
However, the Consumer Ombudsman may not be contacted if the Customer does not prove that he has made a prior attempt to resolve the dispute directly with SPLEASED or if the Customer has taken the matter to court or if the request is manifestly unfounded or abusive, or if the request to the Consumer Ombudsman has not been made within one (1) year of the Customer’s complaint to SPLEASED at the latest, and finally if the Consumer Ombudsman is not competent for this type of dispute.
Finally, SPLEASED has provided for the necessary measures for the implementation of the provisions of article 14 of the EU Regulation No. 524-2013 of 31 May 2013 on the online settlement of consumer disputes (RLL).
ARTICLE 20 – PERSONAL DATA AND OPPOSITION TO TELEPHONE SOLICITATION
The purpose of the information collected is the management and evaluation of the lease contract.
It is intended for SPLEASED as the data controller; it then has the right to use and/or process this information for statistical purposes for the purposes of carrying out the long-term rental contract and the Pack.
If the Customer agrees to receive electronic commercial offers from SPLEASED and/or SPLEASED’s business partners by ticking the box(es) provided at the time of subscription to the Rental Contract, the Customer’s information may be transmitted to them for this purpose.
In addition, the Customer has the possibility to object to the receipt of commercial offers by post or telephone from SPLEASED’s partners by ticking the box reserved for this purpose when subscribing to the long-term rental contract.
The data is subject to electronic document management processing and may be used for the purposes of issuing and storing electronic certificates related to electronic signatures. The information concerning the Customer may be transmitted to SPLEASED for the management of his rental application, as well as to the companies that intervene at SPLEASED’s request. Certain information may also be transmitted to financial partners in the context of debt assignment operations. The data concerning the Customer will be kept for a maximum of ten (10) years at the end of the term of his long term rental contract. In the event that the request to subscribe to the long-term rental contract is not granted, the Client’s data will be kept for a period of five (5) years.
In accordance with the provisions of law n°78-17 of 6 January 1978 as amended, known as the “Informatique et Libertés” law, the Client has, free of charge, a right of access, rectification and opposition as well as the right to organise the management of his data after his death by writing to SPLEASED – 2 RUE FRANCOIS VERNY – 29200 BREST.
In accordance with the provisions of article L. 223-2 of the French Consumer Code, the Customer is also informed of his right to register on the list of opposition to telephone canvassing available on the website www.bloctel.gouv.fr. This registration prohibits a professional from canvassing by telephone, except in the case of pre-existing contractual relations.
Date of last update: 26/12/2019