GENERAL CONDITIONS OF RENTAL AND SALE

ARTICLE 1 – ACCEPTANCE

Access to and use of the website orentees.com, owned by the company Les Petits Montagnards, registered with the Thonon-les-Bains Trade and Companies Register (RCS 850 872 938) and having its registered office at 49 Allée des Lignons, 74350 Cernex, are subject to compliance with these General Terms and Conditions of Rental and Sale. The intra-community VAT number is FR 00 850 872 938.

The Orentees and orentees.com brands are registered and belong to the company Les Petits Montagnards.

Access to and use of the site implies unconditional acceptance of these conditions. They constitute a contract between Les Petits Montagnards and the User, whether registered or not, and whether or not they have created an account on the site (hereinafter referred to as “the User”).

Les Petits Montagnards is a rental and equipment sales company, also a rental management service provider on behalf of PARTENAIRES MARQUES. It offers sports and leisure clothing and equipment for rent on the site.

The contract is concluded for an indefinite period from the User's use of the site. Les Petits Montagnards reserves the right to change the site and these general conditions at any time, non-retroactively.

If the User does not accept all or part of these conditions, he is invited to cease using the site.

ARTICLE 2 – DEFINITIONS

• TENANT : Any person placing an order for rental or service with Les Petits Montagnards.
• BUYER : Any person placing a purchase order with Les Petits Montagnards.
• USER : Any person accessing and browsing the site.
• BRAND PARTNER : Any company providing Les Petits Montagnards with a stock of products and delegating rental management to it.

ARTICLE 3 – PURPOSE OF THE SITE

The site operated by Les Petits Montagnards aims to rent and sell outdoor and leisure equipment between Les Petits Montagnards and individuals, as well as between Les Petits Montagnards and professionals.

The rental grants the Tenant a personal right to enjoy the items concerned. This effective enjoyment is ensured by the provision of the equipment by Les Petits Montagnards. This rental is distinct from sale or usufruct.

The sale of second-hand items results in a transfer of ownership to the Buyer, who becomes the holder of the rights relating to ownership of the items, including the right of use, disposal and definitive enjoyment.

ARTICLE 4 – RENTAL PROCESS

1. Rental equipment:
   Les Petits Montagnards acquires new ski clothing and leisure equipment for rental purposes. It can also receive equipment for BRAND PARTNERS to manage and market the rental.

Upon receipt of the equipment, Les Petits Montagnards:

• Check the condition of the product;
• Evaluate the rental amount and the deposit;
• Takes photographs;
• Uploads the material to the site.

2. The order
   Ordering a garment or other material requires the following information:

• Clothing reference;
• Duration of the rental;
• Rental price;
• Amount of the deposit;
• Equipment return date: rental end date + 1 working day.

The order will only be shipped once the deposit has been paid by the Tenant (unless this is automatically deducted). Exceptionally, the order may be sent before receipt of the deposit, without releasing the Tenant from his obligation to pay any costs related to loss or damage to the equipment.

b.1 – Unavailability of equipment
If an item is unavailable after ordering, the Tenant will be informed by email or telephone. Les Petits Montagnards will offer an item of similar quality and size, but not necessarily of the same brand. If no replacement is possible, the order will be cancelled and refunded.

b.2 – Size problem

In the event of a size problem, the Tenant must inform Les Petits Montagnards within 24 hours of receiving the package, by email (contact@orentees.com) or by telephone.

Les Petits Montagnards undertakes to offer equipment of a different size in the same price range, depending on available stock. If the Tenant accepts the proposal, Les Petits Montagnards undertakes to ship the new equipment within 24 hours. Shipping costs are the responsibility of the Tenant, for a fixed amount of 35 euros including tax.

If the Tenant chooses equipment from a higher price range, he will be liable for the price difference as well as shipping costs of 35 euros including tax.

3. Return and end of rental

At the end of the rental period, the Tenant must return the equipment to Les Petits Montagnards in accordance with the terms described on the site. The prepaid packaging provided must be used for the return.

The return must include a reporting form (by email or on plain paper) mentioning any damage, even minor, to the equipment.

Upon receipt of the equipment, Les Petits Montagnards:

• Check the condition of the rented product;
• Thoroughly clean and disinfect equipment;
• Returns the equipment for rental.

4. Loss, theft or damage to equipment

In the event of loss, theft or damage to the rented equipment, the Tenant undertakes to inform Les Petits Montagnards by e-mail (contact@orentees.com) or by telephone at +33 (0)4.56.68.19.88. The Tenant must also provide a declaration to the competent authorities as soon as possible (within 1 working day).

Even in the event of force majeure as defined in Article 1218 of the Civil Code, in the event of loss, theft, or partial or total damage, 100 % of the deposit may be taken by Les Petits Montagnards. The Tenant must not undertake repairs himself or call on a third party for this, under penalty of being subject to a penalty of up to the new purchase price of the equipment.

In the event of non-return of the order, even partial, as well as non-compliance with the contractual instructions, or in the event of inability to collect the deposit, we will initiate appropriate legal proceedings, including filing a complaint with the competent authorities.

Upon receipt of the equipment, Les Petits Montagnards will carry out a check. Any equipment returned in a condition different from that loaned will be considered damaged, and the Renter will be informed by email.

Special case of textiles :

• In the event of minor damage (lost button, undone stitching, stain from normal use), no penalty will be applied.
• In the event of more significant damage (hole, cigarette burn, multiple stains), a supplement corresponding to the cost of restoration will be charged, as well as a flat rate of 20 euros including tax for treatment. This amount will be taken from the deposit.

To protect against the risks of partial deterioration, Les Petits Montagnards offers a Peace of Mind Insurance to the Tenant.

Special case of tents : Tents must be returned under the following conditions:

• Dried;
• The interior cleaned of all debris, dust, sand, etc.;
• The exterior is clean, especially the lower part, protected by the floor mat provided.

Failure to comply with these rules will result in additional charges for cleaning and/or replacement of missing equipment. For example:

• Intensive cleaning of the interior of the tent: €10 to €50 depending on condition and size;
• Loss or breakage of hoops: €15 to €100 depending on the type;
• Loss or breakage of stakes: €1 to €10 depending on the type;
• Loss or breakage of cords: €5 to €15 depending on the type.

L'Peace of Mind Insurance, covering accidental damage and soiling, can be used to deduct these penalties.

Case of equipment belonging to a third party – Rental management service : Les Petits Montagnards ensures the management and marketing of a stock belonging to a Brand Partner. The equipment is clearly labeled to indicate the owner. Commercial information may be shared with the Brand Partner to manage possible disputes.

ARTICLE 5 – OBLIGATIONS OF THE TENANT

The Tenant undertakes to:

• Provide accurate personal information (name, first name, address, telephone number, email);
• Recognize the ownership of the material to Les Petits Montagnards or its Brand Partners;
• Not to sublet the equipment or transfer its rights to a third party;
• Ensure the safekeeping of the equipment in the event of damage caused to a third party;
• Return the equipment within the time limit set when ordering, otherwise late payment penalties will apply;
• Repackage the order in the original packaging with the stickers and labels provided;
• To answer for damages and losses that occur through his enjoyment, even if he proves that they occurred without his fault
• ⁠Use the leased item reasonably and in accordance with the purpose given to it by the lease pursuant to Article 1728 of the Civil Code
• Always ask for proof of deposit when returning equipment;
• Maintain the equipment in good condition, repairs being the responsibility of the Tenant;
• Use the equipment for personal use (if the Renter is a consumer);
• Deposit a deposit corresponding to the value of the equipment before ordering;
• Agree to be liable for the deposit if it was not initially posted.

ARTICLE 6 – ORDERS AND PAYMENTS

1. Orders
   Orders are made exclusively via the website. Validation of the order constitutes acceptance of these general conditions.

The ordering process complies with the provisions of Article 1369-1 of the Civil Code, allowing the User to check the details and the price before validation.

The order is definitively registered after validation of the payment by the User and acceptance of the transaction by the bank. In the event of non-validation, Les Petits Montagnards declines all responsibility.

Upon registration, the User receives a confirmation email with the essential elements of the order.

The deposit is usually recorded automatically via the Stripe payment platform.

2. Delivery
   Les Petits Montagnards undertakes to ship orders in sufficient time so that the equipment is received at least 1 day before the first day of rental.

Les Petits Montagnards declines all responsibility in the event of delay due to circumstances beyond its control (strikes, bad weather, etc.).

In the event of a problem upon receipt (damaged packaging), the User must issue a reservation and document it (photos, videos) before sending it by email.

3. Back
   The return is made by deposit at a Relay Point, at a Station Point or by collection by carrier. The equipment must be returned the morning following the end of the rental period (or the first working day) before 10 a.m.

In case of return to a Relay Point, it is imperative to request proof of deposit and keep it. In the event of a dispute, this proof will constitute the only justification for the deposit made. For returns to a Point Station, the packages must be properly closed with the adhesives provided. The return label provided in the package must be stuck in a visible and appropriate manner. Any negligence in these rules may result in a penalty of €10 per package.

In the case of collection by carrier, proof of deposit is also required. The equipment must be repackaged with the original packaging, and the package sealed with the adhesives and labels provided. Any failure to comply with these rules may result in penalties in the event of loss or theft of the equipment during return transport.

Note1 : SPECIFICITY OF DELIVERY TO STATION POINT: Delivery to the Point Station is made to one of our partners. The role of the partner is to do the provision of the order. THE partner is not responsible in any way for any problems related to the order (delay, cancellation, incomplete order, wrong sizes, etc.). For any complaints or questions, the customer must contact customer service. Oriented

Note2: These conditions do not apply to professional customers or group requests, which are subject to specific processing.

4. Payments and cancellations

Payment is made at the time of ordering via the site. If the order has not yet been shipped, the Tenant may cancel it within 15 days from the order date, and the amount will be refunded in full.

Beyond the 16th day after the order date, the entire amount will remain acquired by Les Petits Montagnards. In order to protect itself against last-minute cancellations, Les Petits Montagnards offers a Cancellation insurance, allowing the Renter to cancel without charge as long as the order is not shipped or up to 5 days before the first day of rental. If Cancellation Insurance has been purchased, the order will be fully refunded, except for the cost of this insurance.

Once the order has been shipped, no cancellation is possible, and the amounts collected will not be refunded.

The accepted methods of payment are specified on the site. Les Petits Montagnards reserves the right to modify prices at any time, but the services will be billed at the rate in effect at the time the order is validated.

A deposit, corresponding to the value of the new equipment, will be requested when ordering. The package will only be shipped after receipt of the deposit. Les Petits Montagnards declines all responsibility in the event of a delay in shipping due to the absence of a deposit within the time limits.

If the Tenant does not receive an acknowledgement of receipt of the order by email, he must contact Les Petits Montagnards at the following address: contact@orentees.com.

Special case: Sale of second-hand items and repair-maintenance service
For reasons of hygiene (article L221-28 of the consumer code, paragraphs 5 and 6), no textile item may be returned or exchanged. For any other type of item, the French legal right of withdrawal applies, and the return costs are the responsibility of the Buyer. Also, promo codes or various discounts are not applicable to second-hand items, nor to the provision of repair and maintenance services.

5. Creating a customer account
   With each order, the Tenant must create a customer account to facilitate the management of future orders. Creating an account requires the following information:

• First and last name ;
• Postal address;
• E-mail address ;
• Phone number.

Payment information is encrypted, stored and managed via a payment solution (Stripe, bank). Les Petits Montagnards never have access to banking data.

The Tenant can manage their payment methods at any time via the dedicated section of their customer account.

6. Delays

The Renter agrees to return the rented equipment no later than the next morning (or first working day) after the end of the rental, before 10 a.m. In the event of delay, in addition to the additional rental cost, a penalty of 15 euros per day will be applied from the day following the scheduled end of the rental.

Without justification or communication from the customer, the entire deposit may be cashed after 6 days of delay.

7. Withdrawal

In accordance with Article L121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of services fully executed before the end of the withdrawal period. By accepting these general conditions when ordering, the User expressly waives his right of withdrawal.

 

ARTICLE 6b – SPECIAL CASE OF PRO CUSTOMERS AND GROUP REQUESTS

For group requests (professional or individual), requiring special treatment, the following conditions apply and replace those of the classic operation:

• 50 % deposit must be paid upon signing the quote, the balance being payable upon finalization of the order or at the latest 5 days before shipment.
• If the period between signing the quote and the first day of rental is less than 30 days, the total amount is due upon ordering.
• The products are blocked upon receipt of the deposit.
• Transport costs (delivery and return) are not included in the basic rate and are billable in addition.
• Les Petits Montagnards carefully selects its transport service providers, but cannot be held responsible in the event of delay or non-delivery. Consequently, no compensation is due in the event of a delay related to the carrier.

In case of cancellation:

• The deposit is retained, but can be used as credit for a future order.
• If the cancellation occurs before D-30 (before shipping), the balance can be refunded if no costs have been incurred by Les Petits Montagnards.
• In the event of cancellation 7 days before the due date, all amounts collected will be retained.

The return of items must comply with the conditions set out in the quote. Any delay will be invoiced according to the terms of the quote.

ARTICLE 7 – FINANCIAL CONDITIONS

1. Rental rates
   Rental, deposit and delivery prices are listed on the website. Rental prices are listed per day, based on an 8-day rental (average duration observed).

Note: The pricing conditions do not apply to professional customers or group requests, which are subject to a specific quote.

2. Delivery rates
   Delivery costs for mainland France are as follows:

• Free delivery and return to Relay Point for all orders over €50. A contribution may be requested for orders below this amount.
• Home delivery charged extra, the amount being specified when choosing the delivery method.

Delivery rates for Corsica or abroad may be subject to an additional participation request. If this participation is not paid within 24 hours of the request, the order will be cancelled and refunded.

Transport contribution for Corsica: €48 incl. VAT
Transport contribution for Europe (excluding Switzerland): €48 incl. VAT

3. Caution

The deposit is automatically recorded as a bank imprint when paying for the order. In principle, this imprint is not debited unless the payment for the order was made with a debit card or certain foreign cards that do not guarantee the funds. In these cases, the amount of the deposit will be debited directly.

The amount of the deposit is determined by LES PETITS MONTAGNARDS and corresponds to the new value of the rented equipment. For certain categories of products, such as travel or audio-video equipment, a partial deposit may be systematically taken. 

The deposit collected will be refunded once the rented equipment has been returned, subject to verification of its condition.

For pack rentals, the deposit corresponds to the new purchase value of all the items making up the pack.

Banking information is secured and stored by the Stripe payment platform, to which LES PETITS MONTAGNARDS does not have direct access. Alternatively, the deposit can be made by bank imprint via the Paygreen platform. Furthermore, LES PETITS MONTAGNARDS may, with the prior written consent of the tenant, use a means of payment provided by the latter for the purpose of guaranteeing the deposit.

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ARTICLE 8 – WARRANTY

Les Petits Montagnards is bound by an obligation of means and does not provide any express or implied guarantee, including quality or suitability for a particular use of the services provided to the User.

ARTICLE 9 – INTELLECTUAL PROPERTY

The presentation and content of the site orentees.com constitute a work protected by the laws in force on intellectual property, including Les Petits Montagnards is the holder.

1. Copyright
   The texts, images, drawings and graphic charter of the site are protected by copyright. Any reproduction, modification or distribution of the content of the site for commercial purposes is prohibited without prior written authorization from Les Petits Montagnards. Downloading and printing of content is permitted for private use only.
2. Brands
   The brands and logos appearing on the site are registered trademarks. Any unauthorized reproduction constitutes an infringement, punishable by articles L.713-2 et seq. of the Intellectual Property Code.
3. Databases
   The databases established by Les Petits Montagnards are protected by copyright and by the law of July 1, 1998 relating to the legal protection of databases.
4. Grant of license to exploit copyright and image rights
   By posting content on the site, the User grants an operating license to Les Petits Montagnards for the purposes of managing the site. The User declares that the copyright granted does not infringe the rights of third parties.

ARTICLE 10 – RESPONSIBILITY OF THE COMPANY LES PETITS MONTAGNARDS

Les Petits Montagnards implements its best efforts to ensure the proper functioning of the site and the services offered, but cannot be held responsible in the following cases:

• Interruption of the site for maintenance or updating;
• Temporary inability to access the site due to technical problems;
• Unavailability or overload of the network used to access the site;
• Contamination by computer viruses;
• Direct or indirect damage caused by access to the site;
• Abnormal or illicit use of the site.

1. Content posted online by Users
   The content published by Users is their sole responsibility. Les Petits Montagnards is not responsible for illegal or immoral content and does not carry out a priori moderation of content.

ARTICLE 11 – RIGHTS AND RESPONSIBILITIES OF THE USER

1. Responsibility
   The User is solely responsible for the information he communicates on the site. In the event of illicit or abnormal use of the site, the User is responsible for damages caused to third parties and waives any claim against Les Petits Montagnards.
2. Contents
   The User undertakes not to publish illegal content or content contrary to public order. It is also prohibited to create multiple accounts or to impersonate a third party.
3. Access and security
   The User is responsible for the security of his data and undertakes to protect his password. Any connection made via his password is deemed to come from the User.
4. User's personal data
   By using the services of Les Petits Montagnards, the User accepts that his personal data is collected and processed within the framework of the rental services, in accordance with the GDPR.

ARTICLE 12 – SPECIFIC CONDITIONS OF USE OF THIRD-PARTY PLATFORMS AND TOOLS

The User agrees to comply with the general conditions of the third-party platforms and tools used by Les Petits Montagnards.

ARTICLE 13 – HYPERTEXT LINKS

Hypertext links on the site may lead to external sites or applications. Les Petits Montagnards disclaims any responsibility for the content of these third-party sites.

ARTICLE 14 – CONFIDENTIALITY

The parties undertake to keep confidential all information exchanged within the framework of the contracts.

ARTICLE 15 – INDEPENDENCE OF CLAUSES

If any provision of these Terms and Conditions is held to be void or unenforceable, the remaining provisions will remain in effect.

ARTICLE 16 – APPLICABLE LAW AND ATTRIBUTION

1. For consumers
   These conditions are subject to French law. In the event of a dispute, the competent courts are designated in accordance with article L.141-5 of the Consumer Code.
2. For non-consumers
   These conditions are subject to French law, and any dispute will be submitted to the courts of Thonon-les-Bains.