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General Terms of Rent

Read the Familib General Terms of Rent
Familib General Terms of Rent

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 whom the Customer picks up the rented Products at the beginning of the rental 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 childcare 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, rates 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 1 : The Customer chooses the pickup point for the pickup and the return of the Product he wants to rent;

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 the taxes. These prices can be modified at any time by FAMILIB, without any notice period.

3.3. The Customer must pay online, by credit card, the price corresponding to the rental.

This payment entails full and complete establishment of the corresponding rental contract. The rental contract includes (i) the present general terms as well as (ii) the special terms 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 this information is protected during the transmission.

The transaction is therefore secured, and SSL (Secure Socket Layer) encryption is provided by Familib’s banking partner, CREDIT MUTUEL. 

For optimal security, the Customer is automatically redirected to the CREDIT MUTUEL website in order to enter his credit card details (credit card number, expiration date and visual cryptogram).

FAMILIB thus never has access to the Customer’s banking data and is only informed by its banking partner of the good reception of the Customer’s payment.

3.4. Cancellation policy
Under the applicable legislation, the Customer has a period of 14 clear days to exercise his right of withdrawal without having to justify any (his) reasons or pay any penalties. When (If) this 14-day period expires on a Saturday, Sunday or  public holiday or non-working day, it is extended until the next working day. The withdrawal period runs from the moment of online payment of the rental by the Customer.

As an exception, this withdrawal period will apply under the following conditions if the rental period begins during the 14 clear days :

. In case of booking cancellation more than 5 days before the start of the rental period: the cancellation fee is 5 euros.

. In case of booking cancellation less than 5 days before the start of the rental period: the cancellation fee is 10 euros.

. In case of booking cancellation 2 days or less before the start of the rental period: no refund will be made.

Any cancellation request must be notified directly to FAMILIB by email to contact (a)familib.com or by using the standard cancellation form attached to these general conditions. After processing your request and within a maximum of 14 days, you will receive a cancellation confirmation by email.

The amount of your rental will be refunded to you by crediting the credit card used at the time of booking, after deducting the cancellation fees.

3.5. When the Customer 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 Customer 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 Customer must give the personal pickup code that was sent to him by FAMILIB;

c. The Customer must pay the security 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.

As soon as the product is handed over to the Customer, the latter acknowledges having received the rented product clean, in good condition of use, with the technical manual. It will have to be returned as such. FAMILIB cannot be held liable in this respect.

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, a lump sum of 20 euros per dirty spot or scratch will be invoiced and deducted from the security deposit added to the invoice.

3.7. In case of late return of the Product, the Customer will have to pay a penalty of 15 euros per day of delay, any day started being due in its entirety. A period of tolerance of 30 minutes will be regarded from the expected return time. If necessary, this amount will be deducted automatically from the security 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 he rents from the moment they are handed over to him by the pickup point (or in the hands of any third party acting on behalf of the Customer, under condition that the Customer 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 placed at his disposal with due diligence as if they 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; storage 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, when the product is collected by the customer, 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, adjust or transform the Products in any way; he must return them complete and including all their possible accessories.

The Customer will be fully responsible to compliance with the general and special 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, for whom he is responsible.

The Customer cannot sell, give or make available the Products rented to him to anyone, nor more generally charge them or allow them to be charged with any right in favor of 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 for 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 rental.

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, complaints and / or retractions;

Inform the Customer of upcoming sales and events;

Improve and personalize the services offered and the information sent to the Customer, in particular through prospecting actions, the sending of newsletters or special offers;

The processing of requests for information via the contact form.

FAMILIB also retains this information and data for security purposes in order to comply with the legal and regulatory obligations incumbent upon it.

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 Customer Account, the Customer may decide to receive FAMILIB's offers or to be informed of the particular 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, his 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 January 6th, 1978 , under No. 1435698.

Article 8. Cases of force majeure and others

The execution 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 Customer 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 litigation

The law applicable to the contract is French law. The Customer has the possibility, before any legal action, to use a conventional mediation procedure or any other alternative dispute resolution method in order to seek an amicable solution.

Any dispute that could not be resolved amicably shall be subject to the exclusive jurisdiction of the French courts. The Customer is informed of the possibility of bringing an action, at his choice, before one of the following jurisdiction:

. The jurisdiction of FAMILIB's place of establishment

. The jurisdiction of the place of performance of the service

. The jurisdiction of the place where he/she resided at the time of the online booking.

In addition, In accordance with the provisions of the Consumer Code concerning "the mediation process of consumer disputes", the consumer customer, subject to Article L. 152-2 of the Consumer Code, has the right to submit a request for amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the professional.

FAMILIB has designated SAS Médiation Solution as a consumer mediation entity, by signing an agreement registered under number CS000634/1912

To refer the matter to the mediator, the consumer must make his or her request:

. Either in writing to : Mrs Eliane SIMON, mediator Sas Médiation Solution 222 chemin de la bergerie 01800 Saint Jean de Niost Tel. 04 82 53 93 06

. Or by email at: contact@sasmediationsolution-conso.fr

. Either by filling in the online form entitled "Referring to the mediator" on the website sasmediationsolution-conso.fr Whatever the means of referral used, the request must imperatively contain :

                        - The applicant's postal, telephone and electronic contact information,

                        - The name and address of the professional concerned,

                        - The convention number: CS000634/1912

                        - A brief statement of the facts,

                        - A copy of the prior request addressed to the professional

................................................................................................................................................................................................................

 

Annex General Terms of rental : Sample standard withdrawal form

If the customer wishes to exercise his right of withdrawal in compliance with the conditions provided for in Article 3, he may use the form below :

To the attention of FAMILIB, I hereby notify you of my withdrawal from the contract for the following reservation(s):

. Name(s) and reference(s) of the reserved item(s):

. Booked on:

. Reservation number:

. Location of the pickup point:

. Name of the Customer who placed the order:

. Address of the customer who placed the order:

Customer's signature if notifying this form on paper:

 Notification address :

-by post: 6 rue de l'abreuvoir, 77850 Héricy sur Seine. France

-by e-mail: contact(a)familib.com

Updated on October 15th ,2019.

 

 

 

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