FISON GENERAL RENTAL CONDITIONS
Any order implies the acceptance of the present conditions which prevail over any other document. The rental of fashion items is governed by these terms and conditions and by the conditions for the rental of mannequins on the back of the "control points" sheet. Certain provisions expressly referring to professionals are only applicable to professionals and not to consumers and/or non-professionals.
ART. 1 REQUIREMENTS FOR RENTING
The minimum age is 18 years. FISON may make the rental subject to the presentation of documents (identity card, driver's license, proof of residence), a copy of which may be kept, and require a financial guarantee, the remittance of which shall be made by any means accepted by FISON, which may cash it at any time without prior notice, on condition that it be returned after payment of the sums due and return of the rented property in good condition. The amount of this guarantee does not limit the lessee's financial responsibility, which may be incurred beyond that.
ART. 2 RENTAL PERIOD
The rental takes effect at the time the equipment is made available to the hirer. This date is fixed on the contract or the delivery note. The risk is then transferred to the hirer. The rental and the legal custody end as soon as the rented equipment is returned to the rental partner.
ART. 3 PROVISION OF SERVICES
- FISON shall not be liable for delays in availability or delivery due to any reason beyond its control, such as strikes, force majeure, changes in regulations, or their consequences, and shall not be liable for any compensation in respect thereof.
Professional hirer: it is up to him to choose the equipment according to his needs, which he has determined himself beforehand, and to check that it is suitable. FISON has no knowledge of his project nor the obligation to verify his choice on the compatibility of the equipment with his project. This is to be discussed directly with the renter.
- The rental partner undertakes to provide the hirer with equipment that complies with the regulations in force in the country, in particular with regard to the safety and hygiene of workers, in good working order and in good condition, with the necessary accessories, assembly instructions, operating instructions and safety instructions. If necessary, the personal protective equipment is given with the equipment. In the absence of use, (inviolate protection bag), they are taken back by the hirer if necessary.
When taking possession of the equipment, the hirer shall check the handing over of these elements and the apparent state of the equipment, in order to make any reservation that he/she deems useful. If no reservation is made, the equipment is deemed to have been handed over to the hirer in good apparent condition. A non-apparent defect or a technical complaint can be reported at any time during the rental period and at the latest within 5 hours of the discovery. - The transport, loading and unloading of the equipment are at the expense and under the responsibility of the lessor. In case of delivery, the hirer must give the driver the particular instructions in force on the site. In case of absence of the tenant, the hirer deposits on the material or sends the delivery order by e-mail. In the absence of reserves on the apparent state of the material formulated in the 4 hours following the delivery or the sending of the e-mail, the tenant is considered to have received the material, in conformity with his order, in good apparent state, with the necessary accessories. Any other use is worth acceptance without reserve. Installation, assembly and dismantling are carried out under the responsibility of the hirer who undertakes to take note of the rules of assembly by the lessor, of operation and of safety. FISON's obligation is limited to making the equipment available on the FISON FASHION platform.
ART. 4 USE
Lending and subletting are prohibited. The hirer certifies that he/she is entitled to use the equipment which he/she undertakes to use himself/herself or by his/her duly trained and authorized personnel. He must use the equipment reasonably, in accordance with its purpose and the regulations in force, with caution, maintain it in good condition, respect the instructions and notices for use and safety, and distribute them to users. He is responsible for checking the nature of the environment of the site of use and for respecting the rules governing the public domain and the consideration of the site. He is forbidden any modification, development or transformation of the equipment. Except with the written agreement of the hirer, he may only use the equipment in the country of the hirer, and it is his responsibility to check the regulations applicable to the territory of use.
ART. 5 MAINTENANCE
The Hirer is obliged to protect the Equipment against any damage and to regularly carry out routine maintenance and cleaning operations in accordance with the recommendations set out by the Hirer before taking delivery of the Equipment. The Hirer undertakes to immediately inform the lessor of any anomaly noted on the Equipment. Any repair costs resulting from a lack of maintenance shall be borne by the Hirer. The maintenance of the equipment is the responsibility of the hirer.
ART. 6 OBLIGATIONS OF THE LESSOR
The lessor is responsible for damages resulting from a hidden defect of the equipment, it being understood that he will not be obliged to compensate the lessee for any damage resulting from these defects.
ART. 7 LIABILITY/INSURANCE
With respect to the professional tenantFISON shall not be liable for the direct or indirect, material or immaterial consequences of a malfunction or stoppage of the rented property that is not due to a proven defect existing at the time of provision. In any case, its responsibility remains limited to the provision of the rented item. Under no circumstances shall Fison be held liable for the equipment or its use for any indirect and/or immaterial damages resulting therefrom, in particular operating losses, commercial profits, or the Tenant's liability to third parties.
1. DAMAGES TO THIRD PARTIES
The hirer is responsible for any damage caused by the equipment during the rental period. It is the responsibility of the hirer to take out the compulsory third party insurance covering damage caused by the vehicle involved in a traffic accident.
For the rental of other equipment, the hirer must hold a business or head of household liability insurance to cover damage caused to third parties by the equipment.
2. DAMAGE TO THE LEASED PROPERTY
The lessee is responsible for the use of the rented property and for any damage to the property. He/she assumes the financial consequences of any damage that occurs during the rental period. In case of total loss or theft, the reference value is the "Residual Value" defined by the lessor.
ART. 8 EXCLUSIONS FROM COVERAGE
Damage to equipment The list of exclusions of the breakage and theft insurance is included in the rental information sheet. In particular, in case of false declarations or use of fraudulent means, the tenant is not entitled to any coverage.
ART. 9 DECLARATION IN CASE OF DAMAGE
In the event of an incident, the renter must refer to the rental manual
ART. 10 OFFENCES
Tenant is responsible for violations committed by him or his employees. Tenant must refer to the rental agreement for a refund or compensation procedure.
ART. 11 RENTAL PRICES
The rental price is set by the renter.
ART. 12 RESTITUTION
- The equipment may only be returned during the opening hours announced by the lessor. In the event of a return by the lessor, the lessee must inform the lessor in writing of the availability of the material with reasonable and sufficient notice, specifying its location. The equipment must be accessible to the lessor. The hirer shall remain liable for all obligations under the contract until the equipment is actually collected by the lessor. FISON accepts no liability.
- The hirer must return the equipment in good condition, with all accessories and equipment, as it was made available by the lessor. At the restitution, a good of return specifying date of restitution and apparent state of the material is established, subject to the not apparent damage. In the event of return by the lessor in the absence of the lessee, a letter mentioning any apparent damage shall be sent to the lessee, who shall have 5 days to make his observations in writing to the lessor. FISON declines all responsibility. In the event of theft or loss, the contract and the invoicing of the rental will only end upon receipt by the lessor of the lessee's declaration to the authorities. In the event of non-return, an indemnity will be invoiced on the basis defined by the lessor) in addition to the rental fee. Equipment, accessories, removable parts or spare parts that are not returned will be invoiced at the replacement price.
ART. 13 EVICTION OF THE LESSOR
The lessee shall not remove or modify the property plates or inscriptions affixed to the equipment. The hirer shall not grant any right on the rented equipment to anyone.
ART. 14 REGULATIONS
The invoice is payable in cash, except for the payment period specified in the special conditions. Any sum not paid on the due date shall automatically entail the payment of late penalties at the rate defined by the lessor, as well as the forfeiture of all payment deadlines. The professional hirer is liable for an additional fixed compensation and a fixed penalty defined by the lessor.
ART. 15 RESOLUTORY CLAUSE
In case of non-performance by the hirer of an obligation at his charge, in particular non-return of the equipment or non-payment at the due date, the contract can be terminated by right by the lessor at the hirer's expense 48 hours after formal notice by registered letter remained unsuccessful. The lessor then requires the immediate return of the equipment without prejudice to the sums due for the expired rental, under penalty of the sanctions provided for in Article 12 or the application of a daily indemnity equal to the daily rent, and of a complaint under Article 314-1 of the Penal Code. The tenant remains in any case responsible for the material and becomes depositary in the sense of Art 1915 C Civ. He has neither the right to use it, nor to dispose of it. In the event of early termination of a contract including a fixed price fixed according to an incompressible duration of hiring, the hirer receives an allowance equal to the totality of the rent remaining to run or revises the price initially indicated according to the effective duration of hiring, according to the least expensive amount for the hirer. Please refer to the rental company's conditions.
ART. 16 MEDIATION
In the event of a dispute, the consumer may address a complaint to the customer service of the FISON platform. If a disagreement persists, he/she may have recourse free of charge to the AME Conso mediator to which FISON belongs by post AME Conso 11 Place Dauphine 75001 PARIS or by electronic means www.mediationconso-ame.com.
ART. 17 LAW / JURISDICTION
This contract is governed by French law. Any dispute involving a consumer will be subject to the legal rules of jurisdiction. Any dispute involving a professional will be settled by the Commercial Court of Lille Metropole to which the parties attribute exclusive competence even in the event of summary proceedings, appeal for guarantee or multiple defendants.