Start date: Novembre 1st, 2022
1. Purpose
The following general rental conditions apply without restriction or reservation to all online rentals proposed by the company Liberated Brands Europe (hereafter referred to as: “Liberated Brands Europe” or the “Company”) via the website ww.rent.spyder.com (hereafter referred to as: “the Website”).
The Website is an e-commerce platform via which private clients (hereafter referred to as the “Users”) can rent durable consumer goods (hereafter referred to as: “the Products”) (hereafter referred to as the “Services”).
The objective is to offer the Users a new consumption model for the Products, with the emphasis on renting them rather than buying them outright.
The purpose of these general conditions is to define the terms and conditions for the online rental and delivery of the Products in addition to the parties’ related rights and obligations. Rental is available in Germany, France, Austria, Italy, Spain, the Netherlands and Belgium.
These conditions are accessible via a direct link at the bottom of the Website page and may be printed at any time.
The applicable version of the general conditions is that available for consultation online via the Website on the date the User places his order, a copy of which is sent to him with his order confirmation.
These general rental conditions take precedence over all other general or special conditions not expressly approved by the company Liberated Brands Europe .
Where applicable, they may be accompanied by special terms of use for certain services proposed via the Website, which are considered additional to these general conditions and, in the event of any contradictions, will take precedence over the latter.
2. The company’s identification and contact information
Liberated Brands Europe is the operator of the Website, registered in the R.C.S Bayonne in France under the org number 898 331 202 having its registered office at Baïa Park, 1 allée Belharra , 64600 Anglet.
Liberated Brands Europe can be reached at eu.service@spyder.com
3. Legal capacity and acceptance of the general conditions
3.1 Legal capacity
The Website is accessible by:
- Any natural person possessing the full legal capacity to enter into a commitment under the terms of these general conditions. A natural person not possessing the appropriate full legal capacity may only access the Website subject to the consent of his/her legal representative.
- Any artificial person acting via a natural person possessing the legal capacity to enter into a contractual relationship in the name of and on behalf of the artificial person.
3.2 Acceptance of the general conditions
The acceptance of these general conditions by the User is formally confirmed by means of a tick box in the order form. This acceptance can only be full and complete. Any conditional acceptance will be considered null and void. Any User who does not agree to be bound by these general conditions must not place an order on the Website.
4. Product characteristics
Before placing an order online, in application of the provisions of article L111-1 of the French Consumer Code among others, the User must familiarize himself on the Website with the characteristics of each Product he wishes to order.
The Products are proposed for rental online subject to available stock or subject to the possibility of ordering them, where applicable.
The User is informed and agrees that the ordered Product is rented ‘as is’, and that it may have already been rented out previously before being reconditioned by Liberated Brands Europe (or by any third party designated by Liberated Brands Europe).
The photographs and descriptions of the Products proposed for rental online are as accurate as possible. They are only binding on Liberated Brands Europe for those aspects specifically stated.
The User is however informed and agrees that the Product rented and delivered to the User does not correspond to the exact Product model photographed and featured on the Website at the time the order is placed.
5. Orders
5.1 Placing orders
Any User can place an Order for one or several Products without registering on the site beforehand.
To place an order, the User must select the chosen rental period, then select the Product of his/her choice and place it in his shopping cart.
He/she may view a summary of the shopping cart at any time until the order has been confirmed and may rectify any possible errors in the entered information.
The order is considered as being received by Liberated Brands Europe when the latter can access it.
When placing the order, the User is invited to supply his contact details for delivery and invoicing purposes. He must complete all fields shown as mandatory in the form provided for this purpose. Orders which do not contain all of the required information cannot be confirmed.
The User guarantees that the information he provides in the order form is accurate, up-to-date, truthful and in no way misleading.
He is informed and accepts that this information constitutes proof of his identity and is binding upon him once confirmed.
The rental order for one or more items can be placed for as long as desired, starting from a minimum of 2 days.
However, it is not possible to extend the rental period once the User has received the order. The Company reserves the right to decide whether the extension of the location is possible or not. The rented item may have been reserved in the meantime by another customer immediately after the order was placed.
5.2 Order confirmations
After completing the order, the User receives an order confirmation e-mail which:
(i) lists the items of the order and the expected delivery date,
(ii) includes the general conditions applicable on the order date,
(iii) includes the invoice for the order.
The User must ensure that the contact details supplied when placing the order are correct and that these are sufficient for the customer to receive the order confirmation e-mail. Should he not receive it, the User must contact Liberated Brands Europe using the contact details mentioned in article 2.
Liberated Brands Europe recommends that the User carefully stores the information contained in the order confirmation.
The order confirmation is considered as being received by the User when the latter is able to access it.
6. Prices and payment terms
6.1 Prices
The rental prices for the Products are displayed on the Website.
These are displayed in euros, inclusive of tax (French VAT and other applicable taxes).
Liberated Brands Europe reserves the right to propose promotional offers or price reductions, at its sole discretion and subject to conditions of which it alone will be the judge.
The prices do not include any delivery charges that may be applicable to the delivery of the Products, which are invoiced as a surcharge. The applicable delivery costs will be shown before the User confirms the order.
The applicable price is that displayed on the Website at the time the User’s order is booked.
6.2 Payment terms
The total rental price for the Product selected by the User is payable at the time the order is placed, for any one-off rental.
The terms for taking out a rental subscription for a Product and the related financial terms are described on the Website and will be accessible by the Client before placing any order.
In all cases, the User is informed of and agrees to make a down payment to Liberated Brands Europe when taking out a subscription to the rental in question, the price for which will be displayed on the Website at the time the Order is placed.
Any delivery charges will be shown on the Website.
Payment can be made online by bank card, using the secure online payment service indicated on the Website, or by any other means proposed on the Website at the time the order is placed.
The User warrants to Liberated Brands Europe that he possesses the necessary authorisations to use the chosen means of payment.
Liberated Brands Europe reserves the right to suspend or cancel any order and/or delivery in the event of the non-payment of any sum payable by the User, in the case of payment-related incidents or in the case of fraud or attempted fraud concerning the use of the Website.
Penalties equivalent to 1.5 times (one and a half times) the official French interest rate will automatically be applied to any sums remaining unpaid following the initial presentation of formal notice to comply by registered letter with proof of receipt.
6.3 Invoicing
The purchase invoices are sent to the User by e-mail, with a link enabling him to view these general rental conditions at any time.
7. Delivery
7.1 Delivery destinations
Users are expressly informed that the Website proposes the delivery of the Products to :
France, Germany, Austria, Spain, Italy, The Netherlands, Belgium.
7.2 Delivery methods
Products ordered on the Website will be shipped to the address stated in the User’s order as the “delivery address” (which may differ from the invoicing address), which, unless specifically agreed otherwise between the parties in accordance with the terms of article 7.1, may only be situated in one of the countries mentioned in the said article.
The User is informed before confirming his order of the possible delivery methods for the ordered Product and of the lead times and costs corresponding to each of these methods.
The User must select the desired delivery method and provide all necessary information to allow for the effective delivery of the Product via this method.
The User can choose between a standard delivery at home or a standard delivery in relay point.
The User can exercise his right to modify his order or to cancel it as long as the order has not been processed by our logistic services by contacting directly the Customer Service here.
7.3 Delivery dates/lead times
The Site mentions, for each Product offered for rent, indicative delivery times according to the territories and delivery methods selected by the User.
The actual delivery time will be confirmed to the User in the order confirmation email.
On average, and depending on the carrier's conditions, standard deliveries take between 1 and 2 days once the order has left our warehouses. This delivery time is beyond the control of Liberated Brands and may fluctuate depending on external events in the transport market.
The user receives their rental order 2 days before your selected date when possible to allow for preparation time prior to your departure
For each Product proposed for rental, the Website mentions the delivery lead times, which are provided for information purposes only according to the geographical area and delivery methods selected by the User.
The actual delivery date will be confirmed to the User in the order confirmation e-mail.
Should delivery not be made within the above-mentioned lead time, the User may cancel the order by registered letter with acknowledgement of receipt or in writing using another durable medium, if, after having instructed Liberated Brands Europe, using the same methods, to carry out delivery within a reasonable additional period, the said delivery does not arrive within this period.
The contract is considered as cancelled when Liberated Brands Europe receives the letter or other written item informing it of this cancellation, unless it has fulfilled its obligations in the meantime.
If the contract is cancelled in accordance with the above-mentioned conditions, the User will receive a refund for all sums he has paid, including delivery costs, at the latest within the 14 (fourteen) days following the date on which the contract was cancelled.
Liberated Brands Europe reserves the possibility in all circumstances to contact the User to propose alternative solutions for the reimbursement of the rental price of the Products and the delivery costs. The User must clearly express his acceptance of the choice of an alternative reimbursement method on a durable medium.
7.4 Conditions for returning the Product
The User must return the rented Product to Liberated Brands Europe Client in accordance with the conditions set out on the Site at the time of ordering, using the return label that was provided on delivery.
The User must drop off the return package at any of the drop-off points of the carrier indicated on the return label provided. A proof of delivery must be stamped and handed to the User at the time of postage. The User is responsible for the shipment as the sender.
The User must return the order from the country of delivery, it is not possible to return from another country. Returns from a country other than the country where the order was delivered will not be supported by the Company and the User will be responsible for paying the shipping costs for the return.
The user has 2 days from the date of completion of the order to return the products free of charge.
In case of delay in returning the Product, the User will have to pay to Liberated Brands Europe the amount of the penalties provided on the Site at the time of the order.
If the Product is not returned within the time and conditions specified on the Site, the User will be debited with the sale price of the rented Product.
8. Right of withdrawal (cooling-off period)
The Users benefit from a right of withdrawal (cooling-off period) up to 7 (seven) days before the start of the rental period, with a minimum of 14 (fourteen) days as from the order date. They may exercise this right by contacting Liberated Brands Europe customer service team through the contact form of the website, duly completed, or any other unambiguous declaration expressing their wish to withdraw, to the contact details mentioned in article 2 before the expiry of the above-mentioned period.
As an exception to the above, Users are expressly informed and accept that certain Services may be supplied to them and may begin before the end of the above-mentioned withdrawal period, including in cases in which the rented Product is delivered to them before the end of the said period.
Consequently, any User who opts to exercise his right of withdrawal when the Product has already been delivered to him, at his express request, before the end of the withdrawal period, must pay Liberated Brands Europe a sum corresponding to the service supplied up to the time the notification of his decision to withdraw was issued, this amount being proportionate to the total rental price agreed at the time his order was placed, pursuant to the provisions of article L 221-25 of the French Consumer Code.
The Products must imperatively be returned to Liberated Brands Europe in their original packaging, without undue delay, and at the latest within 14 (fourteen) calendar days after the User’s notification of his wish to withdraw. They must be accompanied by a copy of the corresponding rental invoice. The User is considered liable if the Products are damaged during their return to Liberated Brands Europe.
The User will be reimbursed as soon as possible, and at the latest within the 14 (fourteen) days from the date on which Liberated Brands Europe actually receives the withdrawal request. The refund will be for the full sum the User paid for his order, following the deduction, where applicable, of the return carriage costs, which are borne by the User. Liberated Brands Europe nevertheless reserves the right to postpone this payment until the Products have actually been recovered.
9. Statutory guarantees
The User benefits from the statutory guarantees against non-compliance and latent defects concerning the rented items, including conformity-related defects resulting from the packaging of the Product ordered via the Website.
If the User finds that the Product delivered to him suffers from a defect, a conformity issue or is damaged, he must inform Liberated Brands Europe by contacting them using the contact details mentioned in article 2 of this agreement, stating the nature of the defect, nonconformity or damage noted and sending any appropriate items of proof including in the form of photographs.
Liberated Brands Europe will organize the return with the haulier of its choice and will inform the User of this by any appropriate means. Liberated Brands Europe will assume the return carriage costs.
The Products must imperatively be returned to Liberated Brands Europe in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Product returns which do not meet the above-mentioned criteria will not be considered.
Liberated Brands Europe will perform the necessary verifications and will propose that the Product be replaced when possible. If replacement of the Product is impossible, Liberated Brands Europe will reimburse the User for the full price paid to rent the Products and the corresponding delivery costs, by any appropriate means, as soon as possible and at the latest within 14 (fourteen) days following the date on which Liberated Brands Europe informed him that it was impossible to replace the Product.
The Parties are reminded that in the case of a legal guarantee of conformity, all consumers:
- have a period of two years as from the delivery of the item during which to act;
- may choose between repair or replacement of the item, subject to the cost conditions mentioned in article L217-9 of the Consumer Code;
- are not required to provide proof of the existence of the conformity-related issue affecting the item during the twenty-four months following its delivery.
The Parties are also reminded that the legal guarantee of conformity applies independently of any commercial warranty that may be granted.
Additionally, any consumer may decide to implement the warranty against latent defects affecting the item sold, under the terms of article 1641 of the Civil Code. In this case, he may choose between cancellation of the rental or a reduction in the rental price pursuant to article 1644 of the civil code.
10. Users’ obligations
Users bear sole liability for their use of the Products. It is their responsibility to verify the suitability of the Products for their specific requirements before renting the said Products.
They are also informed and accept that the rented Product is not in an ‘as-new’ condition and that it has been reconditioned prior to being rented.
Users also agree:
- to provide Liberated Brands Europe with valid information concerning their last name, first name, postal address and e-mail address;
- that they will not seek to obtain any rights of ownership concerning the Product;
- not to sub-rent the Product or transfer their rights and obligations under the terms of these general conditions to a third party;
- to use the Product responsibly and for its intended purpose,
- to return the product within the period mentioned on the Website at the time the order is placed, failing which the late compliance penalties mentioned in article 7.4 will apply;
- to keep the Product in good condition;
- to return the Product in the condition in which it was issued to them;
- to only use the Product on a personal basis.
11. Company’s liability
Liberated Brands Europe agrees to regularly perform checks to verify the operation of and access to the Website. For this purpose, Liberated Brands Europe reserves the right to temporarily interrupt access to the Website for maintenance reasons. Similarly, Liberated Brands Europe may not be considered liable for any difficulties in accessing or inability to access the Website due to circumstances outside its control, to force majeure events, or due to problems with telecommunications networks.
Liberated Brands Europe provides the User with no guarantee concerning the Products’ suitability for his requirements, expectations and constraints.
Liberated Brands Europe may not be considered liable for any non-performance or late performance of the rental contracts due to circumstances outside its control or to cases of force majeure, it being expressly stated that in addition to those usually accepted by the case law of the French courts, the following circumstances will be considered as cases of force majeure: exceptionally bad weather, natural disasters, fires and floods, lightning, terrorist attacks, outages or blockages concerning telecommunications networks, means of transport or postal services, including due to strikes, loss or damage caused by viruses which the security measures existing in the marketplace were unable to eradicate, in addition to any public-order or legal or statutory requirements imposed by the relevant authorities and having the effect of substantially modifying these general conditions.
In all circumstances, the liability that may be incurred by Liberated Brands Europe under the terms of this agreement is expressly limited to only the direct losses suffered by the Users.
12. Intellectual property rights
The systems, software, structures, infrastructure, databases and content of all forms (text, images, graphics, music, logos, brands and trademarks, databases, etc.) used by Liberated Brands Europe on the Website are protected by all applicable intellectual property rights or database producers’ rights. Any disassembly, decompilation, decryption, extraction, reuse, copying or more generally any act of reproduction, representation, circulation and use of any of these factors, whether wholly or partially, without Liberated Brands Europe consent are strictly prohibited and may result in legal action.
13. Personal data
Liberated Brands Europe implements a personal data protection policy, the details of which are explained in the document entitled “Charter for the protection of personal data”, with which the User is expressly invited to familiarise himself.
14. Prohibited behaviour
The following are strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or impede the satisfactory operation of the Website, (ii) any intrusions or attempted intrusions in Liberated Brands Europe systems, (iii) any misuse or misappropriation of the Website’s resources, (iv) any actions likely to disproportionately overload the latter’s infrastructure, (v) any attempt to circumvent security or authentication measures, (vi) any acts likely to adversely affect the rights and the financial, business or moral interests of Liberated Brands Europe or of the Website’s users, (vii) any practices involving the use of Website for any purposes other than those for which it was designed, and finally, more generally (viii) any failure to comply with these general conditions or the applicable laws and regulations.
Similarly, it is strictly prohibited to trade, rent, sell or assign all or part of the access to the Website and the information it contains.
In the event of infringement of any of the provisions of this article or more generally any infringements of laws and regulations, Liberated Brands Europe reserves the right to take all appropriate measures and to take legal action.
15. Modifications
Liberated Brands Europe reserves the right to modify these general rental conditions at any time. In this case, the applicable conditions will be those in force on the date the User places his order.
16. Language
If these general conditions are translated into one or several languages, the language for the interpretation of the conditions will be the English language in the event of any contradiction or disputes concerning the meaning of any term or provision.
17. Mediation
The User has the right to have recourse, free of charge, to the platform of the European Commission for Online Dispute Resolution: http://ec.europa.eu/consumers/odr/ for the amicable resolution of any dispute with Liberated Brands Europe concerning the performance of this Agreement
18. Applicable law and jurisdiction
These general conditions are governed by French law.
In the event of any dispute concerning the validity, interpretation and/or performance of these general conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to hear the case, unless mandatory procedural rules to the contrary apply.
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Appendix – Withdrawal form
(Please complete this form and return it only if you wish to withdraw from the contract).
For the attention of:
Liberated Brands Europe - Customer Service
I hereby inform you of my decision to withdraw from the contract concerning the rental of the item mentioned below:
Order number:
Ordered on (*) / received on (*)
Name(s) of the User(s):
Address of the User(s):
Signature(s) of the User(s):
(only if this form is submitted in paper form)
Date:
(*) Please delete as appropriate.