CGL

General Online Rental Conditions of La Nébuleuse SA

Article 1: SCOPE OF APPLICATION

1.1
The purpose of these general rental conditions (hereinafter "GTC") is to govern the relationship between La Nébuleuse SA and the Internet user, hereinafter referred to as "the tenant", within the framework of the rental services offered on the domain https://lanebuleuse.ch/pages/location-tireuse-piaggio (hereinafter "the rental site"). The masculine form "tenant" used below naturally refers to both female and male customers.

1.2
The reservation made by the tenant implies his/her acceptance of these General Terms and Conditions and the Privacy Policy in their entirety and in the version in force at the time of the reservation, to the exclusion of any other term or condition. The tenant declares that he/she has the legal capacity to contract with La Nébuleuse SA on the basis of these general rental conditions.

1.3
Registration and use of the rental site are reserved for individuals with the capacity to perform legal acts. The data required for registration must be complete, current, accurate, and truthful. Each tenant is responsible for updating their data. If the tenant provides non-compliant information, La Nébuleuse SA reserves the right to refuse any access to and use of the rental services.

1.4
La Nébuleuse SA holds an operating license in accordance with current regulations for the products offered for rental. La Nébuleuse SA declines all responsibility in the event of non-compliance with the conditions of use by the tenant.

1.5
The tenant may not assign or transfer any of its rights or obligations or subcontract the performance of any of its obligations under these GTC. La Nébuleuse SA may, at any time, assign or transfer any right or obligation, or subcontract the performance of any of its obligations under these GTC to a third party, without the tenant's consent.

1.6
In the event of disagreement with the General Terms and Conditions, the Internet user is required not to use the rental services.

1.7
If any provision of the T&Cs is found to be invalid, the other provisions remain fully valid and applicable. The headings of the articles are for guidance only and have no legal or contractual effect.

Article 2: PRODUCTS

2.1
The products available for rental are described on the rental website. The characteristics of the items and the explanatory notes are provided for informational purposes only and do not constitute contractual documents. The photos on the website are for illustrative purposes and do not form part of the contractual conditions. La Nébuleuse SA declines all responsibility for any errors or omissions related to the images or notes appearing on its rental website.

2.2
The rented products are fit for their intended use and comply with applicable legal standards. La Nébuleuse SA excludes any other warranty, express or implied, concerning the rented products.

Article 3: PRICE

3.1
The prices displayed on the rental website include VAT at the rate in effect at the time of booking. Prices are set in Swiss francs. In addition to the prices shown, delivery or collection fees are added, which are the responsibility of the renter.

3.2
La Nébuleuse SA reserves the right to modify its prices and conditions at any time and without notice. However, the price charged for the rental is the one in effect on the date of the reservation. This price is confirmed in the confirmation email sent to the tenant.

3.3
Applicable promotions and discounts are deducted directly from the invoice amount. They are valid only for future invoice reductions and are not redeemable for cash.

3.4
Offers on rental products are valid as long as they are visible on the rental site and subject to availability.

Article 4: RESERVATION

4.1
The rental agreement is concluded and effective after confirmation of the tenant's acceptance of the General Terms and Conditions, verification of their personal information, receipt and verification of their payment by La Nébuleuse SA, and sending of a reservation confirmation email containing the rental details. Adding products to the "basket" does not constitute a binding reservation.

4.2
In the event of exceptional circumstances, including insolvency or incorrect information, La Nébuleuse SA reserves the right to refuse a tenant's reservation.

4.3
La Nébuleuse SA cannot be held responsible in the event of a computer bug that modifies the reservation without its knowledge. The company reserves the right to cancel a reservation if the amount is not in line with the normally applicable rates.

4.4
All reservations are subject to product availability. If a product is unavailable, La Nébuleuse SA will inform the tenant by email of the availability deadline or offer an alternative.

Article 5: PAYMENT

5.1
The tenant can choose from the following payment methods: credit card (EuroCard/MasterCard or Visa), Twint, Apple Pay, or bank transfer (IBAN). These payment methods are only available for bookings made from and intended for use within Switzerland.

5.2
For payments by credit card, Apple Pay, or Google Pay, payment is made directly on the website via the "Stripe" payment service. La Nébuleuse SA cannot be held responsible for the proper functioning of the services offered by Stripe.

5.3
All reservations must be paid in full before the rental start date. Payment is considered complete only when La Nébuleuse SA has received the full amount indicated on the reservation.

Article 6: SECURE PAYMENT AND DATA PROTECTION

6.1
All payments are secure. Payment information is encrypted (https). La Nébuleuse SA has no access to it under any circumstances.

6.2
La Nébuleuse SA's use of tenant personal data complies with current legislation, including data protection law. This data is processed confidentially and securely.

6.3
Certain personal data is collected when using the rental site. The privacy policy is available at https://lanebuleuse.ch/pages/politique-de-confidentialite and is an integral part of these general rental conditions.

Article 7: DELIVERY AND COLLECTION

7.1
Deliveries and collections are made exclusively within Switzerland. Products can be collected directly from La Nébuleuse SA's warehouses or sent to the delivery address provided by the tenant when booking.

7.2
For deliveries within Switzerland, products are delivered by Planet Express, Swiss Post, or other carriers, or directly by La Nébuleuse SA if previously agreed with the tenant. Generally, items are available and delivered within 3 to 8 business days. If an item cannot be delivered, the tenant will be notified by email.

7.3
In Switzerland, there is no delivery on Sundays, national or cantonal holidays.

7.4
The delivery times indicated are provided for informational purposes only. La Nébuleuse SA strives to meet them, but exceeding them cannot result in the cancellation of the reservation by the tenant or justify a claim for compensation.

7.5
La Nébuleuse SA is not responsible for the theft of products once they have been deposited by the carrier. It is the tenant's responsibility to request a signed delivery if necessary. Upon delivery or deposit of the products, the risks are transferred to the tenant.

7.6
Delivery notes and invoices are sent electronically whenever possible.

7.7
In the event that delivery is not possible due to reasons such as an incorrect address, the recipient's absence, adverse weather conditions, or other risks, La Nébuleuse SA cannot be held liable and no compensation may be claimed. La Nébuleuse SA may cancel the reservation without any obligation to compensate.

Article 8: USE OF RENTED PRODUCTS

8.1
The tenant agrees to use the rented products in accordance with their intended purpose and the instructions provided by La Nébuleuse SA.

8.2
The tenant is responsible for any damage, loss, or theft of products during the rental period. In the event of damage, La Nébuleuse SA reserves the right to charge for the cost of repairs or replacement.

8.3
It is prohibited to sublet the products without the prior written consent of La Nébuleuse SA.

Article 9: RENTAL FEES

9.1
Rental fees are listed on the rental website and include the rental amount, applicable VAT, and delivery or collection fees.

9.2
Rental fees may vary depending on rental length, options selected and current promotions.

9.3
The tenant is responsible for all additional costs associated with the rental, such as late fees for failure to return the products on the scheduled date.

Article 10: DEPOSITS

10.1
The tenant is required to pay a deposit of CHF 500 (five hundred Swiss francs) before taking possession of the rented products. This deposit covers any damage, loss, or theft of the following equipment:

The shooter (CHF 500 / unit)
The barrels (CHF 50 / unit)
Pull handles (CHF 10 / unit)
Drainage grids (CHF 50 / unit)
Reusable cups (CHF 1 / unit)

Any item returned dirty, such as used cups or uncleaned grills, will result in a deduction of CHF 25 + CHF 1 / cup from the deposit as a cleaning fee.

10.2
The deposit must be paid by bank transfer, credit card or any other payment method accepted by La Nébuleuse SA at the same time as the rental payment.

10.3
The deposit will be returned to the tenant within 7 working days following the return of the rented products, less, where applicable, the costs necessary to cover repairs, replacement of damaged equipment or any other costs attributable to the tenant.

10.4
In the event of non-return of the rented products under the conditions provided, La Nébuleuse SA reserves the right to withhold all or part of the deposit to cover the costs incurred.

10.5
The tenant acknowledges that the deposit cannot under any circumstances constitute a reimbursement of rental costs or penalties in the event of late return of the rented products.

Article 11: PROPERTY

11.1
The rented products remain the property of La Nébuleuse SA until the full return of said products and full payment of the rental fees as well as any fees deducted from the deposit.

Article 12: RIGHT OF TERMINATION AND CANCELLATION

12.1
The tenant can cancel his reservation according to the following terms:

Free cancellation up to 7 days before the rental start date.
Cancellation fees may apply for cancellations made less than 7 days prior to the start date.

12.2
In the event of non-compliance with the agreed return dates, additional costs may be charged to the tenant.

12.3
In the event of the return of damaged or incomplete products, La Nébuleuse SA reserves the right to charge for the necessary repairs or replacement.

Article 13: LIMITATION OF LIABILITY

Within the limits of mandatory legal provisions, La Nébuleuse SA assumes liability only for its own actions and for direct damages resulting from fraud or gross negligence. In particular, La Nébuleuse SA declines all liability related to the use of the rented products by the tenant.

Article 14: MODIFICATION OR TERMINATION OF SERVICES

14.1
La Nébuleuse SA reserves the right, at any time, to modify or discontinue, temporarily or permanently, all or part of the rental services, with or without notice. The tenant agrees that La Nébuleuse SA shall not be liable to him or any third party for any modification, suspension, or discontinuation of the services.

Article 15: COPYRIGHT

15.1
The name La Nébuleuse SA, the rental site and its content, in particular the product photographs, are protected by copyright and trademark law.

15.2
Any reproduction, copying, or external use of the rental site's content requires prior written authorization from La Nébuleuse SA or the competent intellectual property authority. La Nébuleuse SA cannot be held responsible for any illegal or fraudulent use of the site's content.

Article 16: MODIFICATIONS TO THE GENERAL RENTAL CONDITIONS

16.1
These General Terms and Conditions may be modified at any time by La Nébuleuse SA.

16.2
It is the tenants' responsibility to regularly inform themselves of any possible modifications to these General Terms and Conditions.

Article 17: VALIDITY OF THE GENERAL RENTAL CONDITIONS

If any provision of these T&Cs is declared null and void in whole or in part, the other provisions and the rights and obligations arising from these T&Cs shall remain unchanged and applicable.

Article 18: APPLICABLE LAW AND LEGAL JURISDICTION

18.1
These general rental conditions and the contracts concluded pursuant thereto are governed by Swiss law. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) and other related international treaties is excluded.

18.2
In the event of a dispute, the legal venue is Lausanne.

Article 19: LATE RETURN FEES

19.1
In the event of a delay in returning the rented products beyond the scheduled return date, the tenant will be liable for late fees amounting to CHF 20 (twenty Swiss francs) per day of delay.

19.2
Late fees will be charged automatically and will be deducted from the deposit paid by the tenant. If the deposit does not cover the full amount of the late fee, the tenant agrees to pay the balance due within 14 days of the invoice.

19.3
La Nébuleuse SA reserves the right to extend the rental period and charge late fees until the rental products are actually returned.

Entry into force
These general rental conditions come into effect on [effective date] for an indefinite period.

Contact
For any questions regarding these T&Cs, please contact La Nébuleuse SA at the following address: info@lanebuleuse.ch .

Last updated: 16.12.2024