FAMILIB® is a registered and protected trademark whose Customer does not have any use authorization through the rental services.
Article 1. Terminology
"FAMILIB": a limited liability company with a capital of 10,000 euros, registered in the Trade and Companies Register of MELUN under the number 522 938 919, whose head office is located at 6, rue de l'Abreuvoir in HERICY (77850), VAT number: FR73 522 938 919 00019 - APE 7729Z.
"The Site": this is the website www.familib.com.
"Products": these are the products that the Customer can rent through the Site.
"Pick up point": these are the premises of the authorized partners of FAMILIB, from which the Customer pick up the rented Products at the beginning of the lease and return them at the end of the lease.
"Customer": it is the major consumer who rents Products via the Site for his personal use and who, in so doing, declares and guarantees to fulfil all the following qualities and conditions:
He has the legal and financial capacity to contract; He is fully entitled to use the payment card for the payment of his rent and has at the time of the validation of the lease, the necessary authorizations to use this method of payment.
Article 2. Products
FAMILIB leases to major and non-professional consumers, for their personal use, via a network of selected pick up point acting in their name and on their behalf, some child care products presented on the Site, for a period of 1 day minimum up to 31 days, within the limit of the stocks respectively available for lease at each Pick up point. These products comply with the standards in France and are in a condition of use.
Article 3. Rental arrangements, prices and cancellation conditions
3.1. In this case, the Customer fills in or ticks on the Website www.familib.com the fields corresponding to the parameters of the desired rental operation according to the following steps:
Step n ° 1: The Customer chooses the pickup point for the pickup and the return of the Product rented;
Step 2: The customer chooses the product he wants to rent;
Step 3: The Customer chooses the rental period;
Step 4: The Customer pays online the rental price due, this last transaction forming the lease between FAMILIB and the Customer.
3.2. The applicable price is the one mentioned in the "Our Products and Rates" section of the Site. It includes all taxes. These prices can be modified at any time by FAMILIB, without delay.
3.3. The Customer must pay online, by credit card, the price corresponding to the rental.
This regulation entails full and complete formation of the corresponding rental contract. The rental contract includes (i) the present general conditions as well as (ii) the special conditions agreed upon when renting on the Site and as shown on the Customer's invoice.
FAMILIB has implemented a secure online payment system that encrypts the transmission of all Customer data (including names, addresses and credit card numbers) so that the information is protected during the transmission.
The secured transaction and SSL encryption (Secure Socket Layer) is provided by the Bank partner of FAMILIB, CREDIT MUTUEL. For optimal security, the Customer is automatically redirected to the CREDIT MUTUEL website in order to enter credit card details (credit card number, expiration date and visual cryptogram).
FAMILIB thus never has access to the Client's banking data and is only informed by its banking partner of the good reception of the Client's payment.
3.4. Terms of cancelation.
Under the applicable law, the Customer has a period of 14 days to exercise his right of cancellation without having to justify reasons or to pay penalties. When this period of 14 days expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next working day. The cancellation period runs from the moment of online payment of the rental by the Customer.
By exception, this cancellation period will not apply if the rental period begins during the 14 clear days. In any case, after this period, the rental cannot be cancelled for any reason whatsoever, the amount paid will be acquired by FAMILIB.
3.5. When the Client arrives at the pickup point to pickup the rented Product, he must meet the following conditions in order to proceed with his pickup:
a. The client must have first read the rules of use and safety of the Product on the Site, the Customer agrees to respect these rules;
b. The client must give the personal pickup code that was sent to you by FAMILIB;
c. The client must present its identity document; and,
d. The client must proceed to the settlement of the deposit (exclusively by bank check and / or cash in euros and / or credit card, according to the terms and conditions that will be indicated by the relevant pickup point), according to the scale listed on the Site.
3.6. Upon return of the Product, the pickup point will check the condition of the Product with the Customer.
To that extent, in the case of:
- failure to return the Product, regardless of the cause, or
- the return of the Product degraded or out of use, and this, whatever the cause:
the Customer will automatically be charged the amount corresponding to the totality of his deposit which will not be returned to him.
By way of limiting exception: in case of soiling or minor scratch, an fine of 20 euros per dirty spot or scratch will be added to the invoice.
3.7. In the event of late return of the Product, the Customer must pay a fine of 15 euros per late day. A period of tolerance of 30 minutes will be regarded from the expected return time. This time will be, by decision of the Pickup point, levied automatically on the deposit.
In case of return of the Product before the due date, following the term of the rental period, the Customer will not be refunded the amount corresponding to the rental period thus lost by the Customer.
Article 4. Use of Products - Liability
4.1 In all cases, the Customer has the custody and the responsibility of the Products picked up from the pickup point (or in the hands of any third party acting on behalf of the Customer, under condition that the client has a mandate written and signed in due form), and that, until their restitution at the pickup point.
The Customer is committed to use the Products “kindly” as if it were its own equipment. The Customer must follow the conditions of their use which appear on the Website www.familib.com, and respect them in all points, in particular those related to the hygiene and safety for people and Products.
The Customer must always, in all places and under its exclusive responsibility, ensure by all adapted means, the protection of the products rented against theft, damage and soiling of any kind (use of a lock in public places; in clean and lockable rooms, adequate protection against the weather, dirt of all kinds, etc.).
The Customer shall ensure the cleanliness and hygiene of the Products placed at his disposal and will take care of any useful cleaning in order to return them in the condition in which they were given to him.
To that extent, in the absence of reservation complaint by the Customer and / or by the Pickup Point, the Product will be deemed to have been delivered to the Customer clean and in perfect condition of use.
The Customer will be the only responsible person for any damage caused by mistakes or negligence in the use of the rented Products, or if it was used in unusual conditions. The Customer cannot modify the Products in any way; he must return them complete and including all their possible accessories.
The Customer will be fully responsible for the respect of the general conditions of the rental by the persons with whom and for which it will be used, in particular his friends and relatives, his spouse and his children.
The Customer cannot sell or give the Products to anyone, nor charge or let them charge any fee to anyone.
The Customer cannot in any case refuse to return the Products at the end of the lease period, nor place them in receivership.
4.2 Moreover, FAMILIB's liability is, in all cases where it is recognized, limited to the agreed fee of the lease settled before. FAMILIB cannot be held liable for any indirect damage suffered by the Customer.
Article 5. Contact
For any information or request about any information, the Customer may contact FAMILIB via the email address: contact(@)familib.com.
Article 6. Evidence of rental
The exchanged e-mails as well as the data recorded by the automatic registration systems used on the Site will constitute proof of the object rented and the date of the hiring.
Article 7. Personal data
7.1. FAMILIB binds to respect the confidentiality of the personal data communicated on the Site and to process these data in the respect of the Data Protection Act n ° 78-17 of January 6th, 1978.
7.2. The information and personal data transmitted are subject to computer processing and may be used by the internal departments of FAMILIB, its subcontractors and its commercial partners to:
The processing, execution and management of orders;
The processing of requests for information, claims and / or retractions;
Inform the Customer of upcoming sales and events;
Improve and personalize the services offered and the information sent to the Customer, through prospecting actions, the sending of newsletters or special offers;
The processing of requests for information.
FAMILIB also retains information and data for security purposes in order to comply with the legal and regulatory obligations.
The information and personal data collected may be the subject of a computer processing intended for the internal statistical and commercial use of FAMILIB or its commercial partners, apart from any prospection and except, and of course a refusal by the Customer for any legitimate reason.
Depending on the choices made by the Customer during the creation or consultation of his / her Client Account, the Client may decide to receive FAMILIB's offers or to be informed of any operations by e-mails ("opt-in").
If the Customer no longer wishes to receive these offers, he may at any time request it by clicking on the link available for this purpose on emails or by modifying his account directly on the Site ("opt -out ").
FAMILIB is committed not to communicate the Customer's information to third parties other than its commercial partners and subcontractors responsible for the management, execution, processing, delivery, payment and / or monitoring of orders. FAMILIB may however be required to provide these data to respond to an order from the legal authorities.
In compliance with the Data Protection Act No. 78-17 of 6 January 1978, the Customer has the right to access, modify, rectify and delete his personal data. This right can be exercised at any time by sending a request via the online contact form or to the above address of FAMILIB by indicating the last name, first name, address, and, if possible, the customer number.
FAMILIB specifies that the information identified by an asterisk is essential for the processing of orders or requests for information. If all this data is not complete and accurate, FAMILIB may not be able to process the order or request of information.
The computer processing of your personal data has been declared to the CNIL, in compliance with the Data Protection Act No. 78-17 of 6 January 1978, under No. 1435698.
Article 8. Cases of force majeure and other
The performance of all or part of the obligations of FAMILIB will be suspended in the event of the occurrence of a case of force majeure, a fortuitous event, or because of third parties, which would hinder or delay the execution.
This is particularly the case in situations of war, riots, insurrection, social unrest, weather problems, strikes, interruption of the operation of the Internet or LA POSTE services.
FAMILIB will inform the Client of the occurrence of such a case within 7 days of its occurrence. If the suspension of the bonds continues beyond a period of 30 days, the Customer will have the possibility to cancel the current renting and FAMILIB will proceed to its refund.
Article 9. In case of dispute
The law applicable to the contract is French law.
The Customer has the possibility, before any legal action, to resort to a conventional mediation procedure or any other alternative way of settling disputes to seek for an amicable solution.
Any dispute that could not be resolved amicably will be the exclusive jurisdiction of the French courts and more specifically the competent court of Melun.