General Online Rental Conditions of La Nébuleuse SA
Article 1: SCOPE OF APPLICATION
1.1
These general rental conditions (hereinafter "GTC") are intended to govern the relations between the company 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 hereinafter 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 their 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 persons 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 and use of the rental services.
1.4
La Nébuleuse SA holds an operating license in accordance with the regulations in force 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 GTC, the Internet user is required not to use the rental services.
1.7
If any provision of the GTC is found to be invalid, the other provisions shall remain fully valid and applicable. The titles of the articles are for informational purposes only and have no legal or contractual effect.
Article 2: PRODUCTS
2.1
The products available for rental are described on the rental site. The characteristics of the items and the explanatory notices are provided for information purposes only and do not constitute contractual documents. The photos on the site are for illustration purposes and are not part of the contractual conditions. La Nébuleuse SA declines all responsibility for any errors or omissions related to the images or notices appearing on its rental site.
2.2
The rented products are fit for the 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 site include VAT at the rates in effect at the time of booking. Prices are set in Swiss francs. In addition to the prices indicated, delivery or collection costs 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 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 the reduction of the future invoice and are not exchangeable 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 contract is concluded and effective after confirmation of the acceptance of the GTC by the tenant, verification of his personal information, receipt and verification of his payment by La Nébuleuse SA, and sending of a booking 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 modifying the reservation without its knowledge. The company reserves the right to cancel a reservation if the amount was not in accordance with the rates normally applied.
4.4
All reservations are subject to product availability control. If a product is not available, La Nébuleuse SA will inform the tenant by email of the availability period or will 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 in Switzerland.
5.2
For payments by credit card, Apple Pay or Google Pay, payment is made directly on the site 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 to have been made 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 made are secure. The information entered for payment is encrypted (https). La Nébuleuse SA has no possibility of accessing it under any circumstances.
6.2
The use of personal data relating to the tenant by La Nébuleuse SA complies with current legislation, in particular the law on data protection. These are treated confidentially and securely.
6.3
Some 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 withdrawals are made only on Swiss territory. The products can be collected directly from La Nébuleuse SA warehouses or sent to the delivery address indicated by the tenant when booking.
7.2
For deliveries in Switzerland, the products are delivered by Planet Express, Swiss Post or other carriers, or directly by La Nébuleuse SA if previously agreed with the tenant. As a general rule, the items are available and delivered within 3 to 8 working days. If an item cannot be delivered, the tenant will be informed by e-mail.
7.3
In Switzerland, there is no delivery on Sundays, national and cantonal holidays.
7.4
The delivery times indicated are provided for information purposes only. La Nébuleuse SA strives to respect 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 deposited by the carrier. It is the responsibility of the tenant to request a shipment with signature if necessary. At the time of delivery of the products or their deposit, the risks are transferred to the tenant.
7.6
Delivery notes and invoices are sent electronically whenever possible.
7.7
In case of impossibility of delivery for reasons such as incorrect address, absence of the recipient, bad weather conditions or other risks, La Nébuleuse SA cannot be held responsible and no compensation can be claimed. La Nébuleuse SA may cancel the reservation without 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 deterioration, loss or theft of the products during the rental period. In the event of damage, La Nébuleuse SA reserves the right to charge 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 site 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 renter 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)
10.2
The deposit must be paid by bank transfer, credit card or any other means of payment 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 cost 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 may 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 damage resulting from fraud or gross negligence. In particular, La Nébuleuse SA declines any 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 interrupt temporarily or permanently all or part of the rental services, with or without notice. The tenant accepts that La Nébuleuse SA shall not be liable to him or any third party for any modification, suspension or interruption of the services.
Article 15: COPYRIGHT
15.1
The name of La Nébuleuse SA, the rental site and its content, in particular the photographs of the products, are protected by copyright and trademark law.
15.2
Any reproduction, copy or external use of the contents of the rental site requires prior written authorization from La Nébuleuse SA or the competent authority in matters of intellectual property. La Nébuleuse SA cannot be held responsible for any illegal or fraudulent use of the contents of the site.
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 responsibility of tenants 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 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 JURISDICTION
18.1
These general rental conditions and the contracts concluded in application 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 international treaties relating thereto is excluded.
18.2
In the event of a dispute, the legal venue is Lausanne.
Article 19: LATE RETURN COSTS
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 payment 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 late fees, the tenant agrees to pay the balance due within 14 days of invoicing.
19.3
La Nébuleuse SA reserves the right to extend the rental period and charge late fees until the actual return of the rented products.
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
