PREAMBLE
These general rental conditions (hereinafter the "General Conditions " or " General Rental Conditions " or " GRC ") apply to all rentals made by a consumer or non-professional customer (hereinafter " the Customer ") to Charlie Crane, a Société par Actions Simplifiée, with capital of 10,250 euros, registered in the Paris Trade and Companies Register under number B 453 056 202, whose registered office is located at 10 B rue Bisson 75020 Paris; (hereinafter the "Merchant").
The purpose of these General Rental Conditions is to govern the rental of Products ordered by the Customer from the Merchant via the Site and the application published by SLINE (hereinafter " the Application " or "SLINE").
They can be accessed and printed at any time via a hypertext link available on the home page of the Merchant's Site: https://www.charliecraneparis.com/conditions-generales-de-location-cgl
IMPORTANT
Any Rental taken out via the Site and the Application implies the Customer's unreserved acceptance of these Rental Terms and Conditions.
Article 1. Definitions
The terms used below have the following meanings in these General Rental Conditions:
- " Accessory": refers to the additional products offered to the Customer by the Merchant to complement the Rental;
- " Application": refers to the application published by Sline and enabling the Customer to subscribe to a Rental and to access his Rental Space. Sline's general terms and conditions of use are available at the following address: https://client.sline.io;
- " Customer": refers to the Merchant's co-contractor who subscribes to a Rental on the Merchant's Site and the Sline Application. The latter is either a natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity; or a legal entity not acting for professional purposes;
- "Order" or "Rental ": refers to the rental of Products by a Customer from the Merchant;
- " Merchant": refers to the person offering the Customer Products for rental under the present Rental Terms and Conditions;
- " General Rental Conditions" or " General Conditions ": refers to the present general rental conditions governing the rental of Products by the Customer from the Merchant.
- " Tenant Space": refers to the space dedicated to the Customer, associated with all the data provided by the latter and enabling him/her to manage the Rental. The Tenant Space is edited and managed by Sline in accordance with the general conditions of use available at the following address: https://client.sline.io ;
- " Identifiers": refers to the Customer's e-mail address and the password sent by Sline, required to access the Renter's Area.
- " Rent": means the price inclusive of VAT due monthly by the Customer to the Merchant in consideration of the Rental of the Product via the Merchant's Site and the Sline Application ;
- " Delivery": refers to the first presentation of the Products ordered by the Customer at the delivery address indicated at the time of the Order.
- " MEELO": refers to MEELO, a simplified joint stock company, registered in the Lille Trade and Companies Register under number 829051317, with its registered office at Avenue de la Marne, 59700, MARCQ-EN-BAROEUL. MEELO is responsible for monitoring the risks of fraud and insolvency in connection with the Customer's subscription to the Rental Service.
- " Products": refers to all products offered for Rent by the Merchant on the Merchant's Site: childcare and children's furniture products.
- " Product Return ": means the return of the Product by the Merchant or the Carrier at the end of the Rental Period.
- " Complementary Services": refers to the services provided by the Merchant to the Customer in addition to the Rental as defined in the Appendix.
- "SLINE": refers to the company Sline, a simplified joint stock company with a share capital of €30,000, whose registered office is located at 50 rue la Boétie, 75008 Paris, registered in the Paris Trade and Companies Register under number 899 709 489. SLINE acts as a mere technical service provider and is not a party to these General Rental Conditions.
- "Site": refers to the Merchant's website accessible at the following address: https://www.charliecraneparis.com
- " Territory": refers to mainland France, including Corsica.
- " Carrier ": refers to the carrier appointed by the Merchant to carry out the Delivery and/or Collection of the Product.
Article 2. Subject
These General Rental Conditions govern the rental of Products by the Merchant to the Customer via the Merchant's Site.
Article 3. SLINE intervention
The Customer is informed that SLINE acts as a simple technical service provider in order to make an Application available to the Customer and the Merchant.
This Application allows the Customer to :
- subscribe to the rental of a Product from the Merchant and, in particular, select the rental options (duration of rental, amount of rent, etc.);
- access your Tenant Area.
Sline is not a party to these General Rental Conditions, which are concluded exclusively between the Merchant and the Customer, which the Customer accepts and acknowledges. Consequently, SLINE may in no case be held responsible for the execution and consequences of these General Rental Conditions.
Article 4. Acceptance of the General Rental Conditions
The Customer undertakes to read these Rental Terms and Conditions carefully and to accept them expressly, before subscribing to a Rental via the Site and the Application.
The present Terms and Conditions are referenced at the bottom of each page of the Site by means of a link accessible at the following address: https://www.charliecraneparis.com/conditions-generales-de-location, and must be consulted before subscribing to the Rental. The Customer is invited to carefully read and print the General Rental Conditions, and to keep a copy.
The Merchant advises the Customer to read the General Rental Conditions for each new Rental, as the latest version of the said Conditions applies to all new Product Rentals.
By clicking on the "Rent" button to subscribe to the Rental and then on the second "Confirm Rental " button to confirm the Rental, the Customer acknowledges having read, understood and accepted the Rental Terms and Conditions without limitation or condition.
Article 5. Customer eligibility for rental
To rent a Product from the Site, the Customer must meet all the conditions and/or criteria set out in these Rental Terms and Conditions, and in particular the eligibility conditions detailed below.
5.1. Legal capacity
In order to rent a Product, the consumer or non-professional Customer must :
- must be at least eighteen (18) years old and/or have legal capacity as a consumer.
5.2. Customer quality
To rent a Product from the Site, the Customer must be a consumer or non-professional.
In this respect, the Customer warrants that he/she is a consumer or non-professional as defined by French regulations and case law. In particular, the Customer warrants that he/she is :
- a natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity.
- a legal entity not acting for professional purposes.
5.3. Anti-fraud control and solvency analysis
In order to reinforce the security of the transactions carried out within the framework of its Rental offer, the Merchant, in partnership with Sline, controls the risks of insolvency and fraud linked to the subscription of Rentals from the Site.
This control is carried out by the Merchant, via MEELO, and is entirely automated. It makes it possible to assign a level of risk of insolvency and fraud to the customer, based on MEELO's analysis of the customer's transaction history, particularly on the Site and Application. This level of risk is assessed by the Merchant on the basis of information provided by MEELO, which the Customer accepts and acknowledges.
As part of this control, the Merchant may also :
- Request additional information from the Customer in order to confirm his/her eligibility for the Rental. Such requests will be made by e-mail. Acceptance of the General Rental Conditions will be suspended pending receipt and analysis of this additional information;
- Refuse the Rental when the Merchant has identified a risk of insolvency or fraud.
In accordance with Article 22 of the European Regulation 2016/679 of April 27, 2016 "on the protection of individuals with regard to the processing of personal data and on the free movement of such data" (the "RGPD"). the Customer acknowledges that such control is necessary for the proper performance of these Rental Terms and Conditions.
To find out more about the data processing carried out in the context of this control and to exercise his rights, the Customer is invited to consult Article 19 "Personal data" herein.
Article 6. Rental procedure
6.1. Product features
The Merchant undertakes to present in a clear, legible and comprehensible manner the essential characteristics of the Products and the compulsory information that the Customer must receive under French and European legislation, and to verify their accuracy.
These characteristics and information appear on the Product sheets on the Merchant's site.
These sheets contain, in particular, the description, format, characteristics, references and instructions for use of the Product.
The Customer undertakes to read this information carefully before placing an Order on the Merchant's Site.
The Customer must carefully read the various warnings appearing on the Product description sheets and, in particular, the various instructions for use before subscribing to a Rental.
The Customer shall use the Products in accordance with the instructions for use, and in compliance with their intended purpose.
All Products rented by the Customer via the Merchant's Site comply with current European legislation and standards applicable in mainland France.
6.2. Rental procedure
All Rentals must be taken out on the Site and Application.
To subscribe to a Rental, the Customer must follow the steps described below.
6.1.1. Product selection
The Customer must select the Product(s) of his/her choice on the Site by clicking on the Product(s) concerned and choosing the desired options (quantity, color, format, etc.).
Once the Product has been selected and configured, the Customer can trigger the Rental subscription by clicking on the "Rent with SLINE" button.
From that moment on, the Customer will be redirected to the Application and will be invited to start the rental subscription process under the conditions detailed in article 6 "Rental Procedure" of the present document.
6.1.2. Location configuration
The Customer must then configure the Rental and fill in the mandatory information on the Application.
At this stage, the Customer can access the various Rental options offered by the Merchant, namely :
- Rental period ;
- The rental price, which depends on the length of the rental period;
- The Accessories he wishes to purchase. The purchase of Accessories is governed by article 6.4 hereof.
The Customer must select the Rental options to which he/she wishes to subscribe by following the instructions provided on the Application.
The Customer must enter his Delivery address and all the information required for the delivery of the Products, and, if applicable, indicate whether he wishes this address to be used as his billing address.
Any incomplete subscription will not be validated, which the Customer accepts and acknowledges.
6.1.3. Order validation
Once the Products have been selected, the Customer must check that the information entered is correct (including the quantity, characteristics and references of the Products ordered, the amount of the Rent and the duration of the Rental) before validating the Order.
Once the Customer has checked the content of the Order, he/she will be invited to check his/her deposit and/or payment accounts used for the payment of the Rents with MEELO and to validate the Rental. The Customer will then be presented with an automatically-completed online form containing all his/her personal information, on which he/she will be able to enter invoicing information and his/her means of payment: IBAN number or credit card (depending on the means of payment accepted by the Merchant), before proceeding with the payment of the first Rent.
The amount of the first Rent may be higher than the others because it will include: the first monthly rental payment and the Delivery charges.
6.1.4. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the Application to acknowledge receipt of the Customer's Order.
A copy of the acknowledgement of receipt of the Order is automatically sent to the Customer at the e-mail address provided by the Customer when creating his/her Rental Space.
It is specified that the summary of the Order as well as the confirmation e-mail may be kept and printed by the Customer.
6.1.5. Additional documents
At the Merchant's request, an email may be sent to the customer requesting additional documents to be used to finalize the rental request: in this case, additional documents such as a valid identity document, the latest tax assessment and the latest pay slip may be requested.
These documents must be sent via the download form link included in the email.
6.1.6. Billing and delivery
During the rental subscription procedure, the Customer must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be filled in for the Customer's Order to be processed by the Merchant).
In particular, the Customer must clearly indicate all information relating to the Delivery, in particular the exact Delivery address, as well as any access code to the Delivery address.
Neither the order form that the Customer draws up online, nor the acknowledgement of receipt of the Order that the Merchant sends to the Customer by email, constitute an invoice. Invoices will be sent directly to the Customer via the Renter's Area.
6.2. Order date and delivery time
The date of the Order is the date on which the Merchant acknowledges online receipt of the Order. Delivery times indicated on the Site only begin to run from this date.
The Merchant undertakes to deliver the Product on the date or within the period indicated to the Customer, unless the Parties have agreed otherwise.
6.3. Product availability
The unavailability of a Product is indicated on the page of the Product concerned.
In any event, if unavailability was not indicated at the time of the Order, the Merchant undertakes to inform the Customer without delay if the Product is unavailable.
In the event that a Product is unavailable, the Merchant may, and if the Parties agree, offer an alternative Product of equivalent quality and price, accepted by the Customer.
If the Customer decides to cancel his/her Order for one or more unavailable Products, he/she will obtain a refund of all sums paid for the unavailable Product(s) no later than fourteen (14) days following the date on which the Rental was cancelled.
6.4. Purchase of Accessories
As part of the Rental, the Merchant may offer the Customer the opportunity to purchase additional Accessories.
The purchase of Accessories by the Customer is governed by the Merchant's General Terms and Conditions of Sale, which are attached hereto. The Customer is informed that the purchase of Accessories implies unreserved acceptance of the General Terms and Conditions of Sale in Appendix 4.
It is expressly agreed that the Accessories will remain the property of the Customer at the end of the Rental Period.
6.5 Additional services
In addition to the Rental, the Customer may also subscribe to Complementary Services provided by the Merchant.
Depending on the Complementary Service selected, the Customer must pay the price of the said Service:
- In one (1) instalment. In this case, the price of the Additional Service will only be included in the price of the first Rent;
- In this case, the price of the Additional Service will be included in the price of each Rent.
Article 7. Tenant Area
Once the Rental has been validated, the Tenant will be able to access a Tenant Area.
The Renters' Area is created and published by SLINE. Its use is governed by the General Conditions of Use available at the following address: https://client.sline.io. Any use of the Renter's Area implies unreserved acceptance of the General Conditions of Use, which the Customer accepts and acknowledges.
7.1 Creating a Tenant Area
Subscription to a Rental automatically entails the creation by SLINE of a Renter's Area in the Customer's name, from which he/she will be able to track his/her Rental(s), update his/her personal information, manage his/her means of payment, access his/her invoices and declare claims.
To log in to the Renter's Area, the Customer must connect to the Application and enter the email address provided during the Rental Subscription process. The Customer will then receive a one-time password at the said email address, which must be entered to finalize the connection.
The Customer acknowledges that the Tenant Space is created on the basis of the information provided by the Customer as part of the Order procedure.
The Customer undertakes to provide complete, accurate, up-to-date and truthful information as part of the Order procedure. The Merchant and, where applicable, SLINE reserve the right to ask the Customer to confirm, by any appropriate means, his/her identity, eligibility and the information provided.
The information entered during the Order process constitutes proof of the Customer's identity and is binding upon the Customer as soon as it has been validated.
The Merchant undertakes to keep securely all contractual elements whose retention is required by applicable law or regulation.
7.2 Login management
The Customer shall be solely responsible for the use of his Identifiers or actions taken through his Renter's Area.
The use of Identifiers is governed by the Application's General Terms and Conditions of Use.
7.3 Unsubscribing
Customers may request the closure of their Rental Space under the conditions defined in the Application's General Terms and Conditions of Use.
Article 8. Delivery
The terms and conditions of Product Delivery are set out in the " Delivery Policy " referred to in Appendix 2 hereto.
Article 9: Packaging
The Products will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the Products during Delivery.
Customers undertake to comply with the same standards when returning Products at the end of the rental period, under the conditions set out in Article 11.1 hereof.
Article 10. Transfer of ownership and risks
10.1 Transfer of ownership
These General Rental Conditions do not entail any transfer of ownership of the Products to the Customer. Consequently, the Customer acknowledges that he may not sublet or sell the Product, which does not belong to him.
10.2 Transfer of risk
Delivery of the Product entails the transfer of the risks of custody of the Product to the Customer until the Product is taken back by the Merchant or the Carrier.
Once the Product has been delivered, the Customer is therefore solely responsible for the use made of the Product by himself and/or by his agents and employees in the case of a legal entity.
In particular, the Customer is solely responsible in the event of theft, loss or damage caused to the Product as a result of its use or possession (breakage, damage, etc.), to the exclusion of any damage caused by the Product or the Merchant.
Consequently, the Customer undertakes to take all necessary care and precautions to avoid damaging the Product and to use it in accordance with its intended purpose and any instructions sent to him by the Merchant.
Article 11.Use and return of the Product by the Merchant
11.1 Use of the Product
The Customer undertakes not to sublet the Product, sell it or make it available in any way whatsoever to a third party to the present General Rental Conditions, with the exception of the Customer's employees and agents as well as service providers approved by the Merchant.
The Customer acknowledges that at the end of the Rental for any reason whatsoever, the Merchant or his service provider will assess the conformity of the Product with the criteria.
Consequently, the Customer undertakes to use the Product with all the care necessary for its use, to maintain it and keep it in good working order, if necessary in accordance with any instructions provided by the Merchant. In particular, the Customer undertakes not to deliberately damage the Product.
The Customer undertakes to inform the Merchant immediately of any defect or anomaly found in the Product.
The Customer shall not repair, modify or adapt the Product without the express prior consent of the Merchant. The Customer acknowledges that any repair or replacement of the Product will be carried out exclusively within the framework of the Commercial Warranty provided for in Article 16 hereof.
Any failure to comply with the present article may, where applicable, give rise to additional invoicing, in particular under the conditions set out in article 11.2 "Report on the assessment of the condition of the returned Product" of the General Rental Conditions.
11.1 Product return
At the end of the Rental period, for whatever reason, the Customer must return the Product to the Merchant. It is specified that the Accessories purchased will remain the property of the Customer at the end of the Rental period and must not be returned to the Merchant.
The Customer undertakes to return the Product in a state of optimal cleanliness and in a state of wear corresponding to normal use of the Product with regard to the duration of the Rental.
The Merchant will send the Customer instructions for the return of the Product(s) to the e-mail address provided by the Customer when subscribing to the Rental. Transport costs related to the return of the rented Product(s) are at the Customer's expense.
The Customer has a period of 14 days from the expiry of the Rental for any reason whatsoever to return the Product to the Merchant in accordance with the instructions communicated by the Merchant. The Customer acknowledges that when the Rental is terminated early, the applicable return period will be that mentioned in the Merchant's instructions.
In the event that the Product is not returned within the aforementioned return period, the Merchant may charge the Customer an indemnity corresponding to the price of the Rent calculated on a pro rata basis for the days of delay.
If the Product is not returned within one (1) month of the expiry of the return period, the Merchant may proceed to recover the new value of the Product.
In the event of return of the Product in a partially or totally defective condition or in the event of incomplete return, the Merchant will invoice the Customer for any costs associated with the repair or replacement of the Product(s), the validity of which the Customer expressly acknowledges. The corresponding invoice is payable immediately by the Customer.
11.2 Report on the condition of the returned Product
The Merchant will draw up an evaluation report on the returned Product, enabling him to assess whether the condition of the Product complies with the criteria set out in Appendix 4 of the Rental Terms and Conditions. This evaluation report will be sent to the Customer at the e-mail address provided by the Customer when subscribing to the rental contract, together with any supporting documents (photos, videos, etc.).
The Customer acknowledges that any lack of conformity found when taking back the Product may be subject to additional invoicing under the conditions set out in Article 11.1 hereof.
Article 12. Payment and invoicing of the Rent
12.1 Rental prices
The first Rent will include the cost of outbound deliveries, the price of Accessories or additional services payable in one instalment, and possibly an additional charge at the discretion of the Merchant.
The price of the following Rents is fixed for the entire duration of the Rental (and may change according to the VAT Rate in force).
The Rent price indicated is valid, except in the case of gross error. The applicable Rent price is that indicated on the Site on the date the Order is placed by the Customer.
12.2 Payment methods
The Merchant will decide on the method of payment of the Rent: by SEPA direct debit or by Carte Bleue using the payment information provided in the rental process.
The Merchant will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the Site.
It is hereby specified that all payment information provided on the Site is transmitted to the Site's bank and is not processed on the Site.
The Customer warrants to the Merchant that he/she holds all the necessary authorizations to use the chosen means of payment.
12.3 Rent payment
Upon acceptance of these Rental Terms and Conditions, the Customer will pay the first Rent, consisting of :
- First monthly rental payment ;
- Where applicable, delivery charges, accessories or additional services payable in one (1) instalment;
- and possibly a surcharge at the discretion of the Merchant;
The Customer is hereby informed that the Order will only be dispatched upon receipt of the funds corresponding to this first payment by the Merchant (and after acceptance of the Rental request by the Merchant within the framework of anti-fraud analyses).
As of the second month of Rental, the Rents are payable monthly on the anniversary date of receipt of the Product, by SEPA direct debit or direct debit on the bank card depending on the means of payment accepted by the Merchant.
12.4 Refusal of payment
In the event of a problem relating to a payment incident, the Customer must immediately contact the Merchant's Customer Service Department in order to pay the Rent by any other valid means of payment accepted by the Merchant.
The customer is hereby informed that he will be billed for the cost of any payment rejection linked to an incident for which he is responsible (insufficient funds in the account, for example, denunciation of a direct debit, rejection by his bank, etc.). They must be paid immediately, without delay.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the Customer proves impossible, the Rental will be cancelled and these Rental Terms and Conditions will be automatically terminated. The Product(s) must be returned without delay in accordance with the conditions set out in Article 11.1 hereof.
Article 13. Rental period
13.1 Fixed-term leases
Rental period
The Lease is concluded for a fixed period from the date of Delivery of the Product. It is expressly agreed that the Rental shall not be tacitly renewed.
Cancellation
In the event of a breach by either Party of its obligations under the Lease, either Party shall be entitled to terminate the Lease. The Lease will be terminated ipso jure thirty (30) days after one of the Parties has sent a letter of formal notice which has remained wholly or partially without effect, except where such non-performance is due to force majeure.
In the event of early termination of the Lease due to a breach by the Customer of any of its obligations, and in particular the obligation to pay the Rent in accordance with the terms hereof, the Merchant may:
- Implement all necessary measures to organize the early recovery of the Product;
- Demand, by way of compensation, all unpaid Rents due and to become due until the end of the Lease term.
At the end of the Rental period for any reason whatsoever, the Customer undertakes to :
- To pay to the Merchant all sums due to him in respect of the Rents due;
- Return the Product to the Merchant under the conditions specified in Article 11 "Use and Return of the Product by the Merchant" herein.
13.2 Non-binding rentals
Rental period
If the Rental is concluded for a non-binding period, the rental will be tacitly renewed every month, on the anniversary date of receipt of the Product(s) by the Customer.
Cancellation
The Customer may cancel with one (1) month's notice.
Article 14. Purchase of second-hand Products
At the end of the General Rental Conditions, the Customer must return the Product to the Merchant.
Following this return, the Product will join the other products sold second-hand. The Merchant may inform the Customer of the sale price of the returned Product, which is now second-hand, so that the Customer may purchase it.
Article 15. Proof and archiving
Any Rental concluded with the Customer corresponding to an Order amounting to more than one hundred and twenty (120) euros inclusive of tax will be archived by the Merchant for a period of ten (10) years in accordance with article D. 213-1 of the French Consumer Code. The Merchant agrees to archive this information in order to monitor transactions and to produce a copy of the General Rental Conditions at the Customer's request.
In the event of a dispute, the Merchant will have the opportunity to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.
Article 16. Conditions specific to consumer customers - Right of withdrawal
The terms and conditions of the right of withdrawal are set out in the " Withdrawal Policy ", which is available in Appendix 1 hereto.
The customer is informed that the right of withdrawal only applies to consumer and non-professional customers. Commercial warranty
The Customer may benefit from the commercial warranty offered by the Merchant under the conditions specified in Appendix 3 hereof.
Article 17. Liability
17.1 Merchant's liability
The Merchant shall in no event be held liable in the event of non-performance or improper performance of contractual obligations attributable to the Customer, in particular when entering his/her Order or using the rented Product.
The Merchant shall not be held liable, or be deemed to have failed, for any delay or non-performance of any of its obligations described in these Rental Terms and Conditions, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French Courts and Tribunals.
It is further specified that the Merchant has no control over websites that are directly or indirectly linked to the Site. Consequently, the Merchant accepts no responsibility for the information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.
17.2 Customer's liability
The Customer shall be solely responsible for the care and use of the Product rented hereunder. In particular, the Customer shall be solely responsible for any damage caused to the Product and directly attributable to the Customer, including where such damage occurs after the Product has been taken back by the Merchant.
Article 18. Force majeure
Neither Party may be held liable if the non-performance or delay in the performance of any of its obligations described in these Rental Terms and Conditions is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the Lease was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.
If the impediment is temporary, performance of the obligation is suspended, unless the resulting delay justifies termination of these Rental Terms and Conditions. If the impediment is definitive, the Rental shall be cancelled ipso jure and the parties shall be released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the French Civil Code.
In the event of the occurrence of any of the above events, the affected Party will endeavour to inform the other Party as soon as possible.
Article 19. Personal Data
All consumers have the option of registering free of charge on the BLOCTEL opposition list https://www.bloctel.gouv.fr/
In accordance with law no. 2020-901 of July 24, 2020 aimed at regulating telephone canvassing and combating fraudulent callsany professional reserves the right to canvass a consumer registered on the telephone canvassing opposition list when the canvassing is part of the performance of a current contract and relates to the subject of said contract, including when it is to offer the consumer products or services related or complementary to the subject of the current contract or likely to improve its performance or quality.
The Merchant and SLINE are jointly responsible for the processing of personal data carried out within the framework of these General Rental Conditions.
In accordance with Article 26 of the RGPD, the Merchant and SLINE have entered into a Data Protection Agreement, the main terms of which are as follows:
- The Merchant is responsible for informing Customers about the data processing carried out in connection with the Rental ;
- The Merchant will be responsible for responding to Customer requests to exercise their rights;
- It shall be the Merchant's primary responsibility to notify data breaches to the CNIL and to Customers.
The Personal Data of non-professional Customers will be, in particular, the identification data (first names, surname, e-mail address and postal address, telephone number, date of birth) of the legal representatives. It is essential to remember that the identification data of a legal entity are not considered personal data under the RGPD.
Customer Personal Data is processed by SLINE and the Merchant for the following purposes:
- Management and settings of Tenants' Spaces ;
- Rental management assistance ;
- Analysis of customer fraud and insolvency risk ;
- Claims management ;
- Rent management (direct debit, collection) ;
- Support management ;
- Management of the Application's operation and security;
- Edition of statistics, summaries and graphs relating to Rental operations carried out using the Application.
In accordance with the Data Protection Act and the RGPD, the Customer has the following rights:
- Right of access (Article 15 RGPD), rectification (Article 16 RGPD), update, completeness of its data;
- Right to erasure (or "right to be forgotten") of personal data (Article 17 RGPD), when it is inaccurate, incomplete, equivocal, outdated, or the collection, use, communication or storage of which is prohibited ;
- Right to withdraw consent at any time(Article 7 RGPD);
- Right to limit the processing of one's data (Article 18 RGPD);
- Right to object to the processing of one's data (Article 21 RGPD);
- Right to portability of data provided by the Customer, where their data is subject to automated processing based on Your consent or on a contract (Article 20 RGPD);
- Right to obtain the intervention of a human person(Article 22 of the RGPD);
- The right to define the fate of his data after his death and to choose whether or not the Merchant or SLINE communicates his data to a third party designated by him (article 85 LIL). In the event of death and in the absence of instructions from the Customer, the Merchant and SLINE undertake to destroy the data, unless its retention is necessary for evidential purposes or to meet a legal obligation.
The Customer may exercise his rights:
To Sline:
- By e-mail to dpo@sline.io.
- By mail Délégué à la Protection des Données Personnelles - SLINE - 50 rue de la Boétie - 75008 PARIS
From the merchant :
- By e-mail: support@charliecrane.fr
- By post: Charlie Crane, 10 bis rue Bisson 75020 Paris, France
To find out more about the data processing carried out within the framework of these General Rental Conditions, the Customer is invited to consult
- Sline's Privacy Policy available at the following address: https: //www.sline.io/politique-de-confidentialite
- the Merchant's Privacy Policy available at the following address: https://www.charliecraneparis.com/privacy-policy/
Article 20. Complaints - Customer service
Any written complaint from the Customer must be sent to :
- By mail to the following address Charlie Crane, 10 bis rue Bisson 75020 Paris, France
- By e-mail to the following address: support@charliecrane.fr
Article 21. Intellectual Property
All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the Merchant.
Any person who publishes a website and wishes to create a direct hypertext link to the Site must request permission from the Merchant in writing.
Under no circumstances will the Merchant's authorization be granted on a permanent basis. This link must be removed at the request of the Merchant. Hypertext links to the Site using techniques such asframing orin-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the Site and its contents, by any process whatsoever, without the prior express authorization of the Merchant, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code.
Acceptance of these Terms and Conditions of Rental implies recognition by the Customer of the Merchant's intellectual property rights and an undertaking to respect them.
Article 22. Validity of the General Rental Conditions
Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these Rental Terms and Conditions shall not affect the validity of these Rental Terms and Conditions. Any such modification or decision shall in no way authorize Customers to disregard these Rental Terms and Conditions.
Article 23. Modification of the General Rental Conditions
These General Terms and Conditions of Rental apply to all Orders placed online from the Site, as long as the Site is available online and the Merchant is a customer of Sline.
The General Rental Conditions are dated precisely and may be modified and updated by the Merchant at any time. The General Rental Conditions applicable are those in force at the time of the Order. Changes to the General Terms and Conditions will not apply to Products already rented.
Article 24. JURISDICTION AND APPLICABLE LAW
THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE MERCHANT ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, THE FRENCH COURTS SHALL HAVE EXCLUSIVE JURISDICTION.
However, before taking any legal action, the Customer is invited to contact the Merchant's complaints department, so that an amicable solution can be found.
If no agreement is reached, or if the Customer proves that he/she has previously attempted to resolve his/her dispute directly with the Merchant by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to these General Rental Conditions, including those concerning their validity.
Consumers may also have recourse to the European online dispute resolution platform accessible at the following address:
https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_fr.
The Party wishing to initiate the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the dispute.
Since mediation is not compulsory, the Customer or the Merchant may withdraw from the process at any time.
IN THE EVENT THAT NO AMICABLE SOLUTION IS FOUND OR IS NOT ENVISAGED, THE DISPUTE WILL BE REFERRED TO ONE OF THE COMPETENT JURISDICTIONS LISTED ABOVE.
Appendix 1 - Withdrawal policy
The retraction policy is available in our General Sales Conditions accessible from the link: https: //www.charliecraneparis.com/conditions-generales-de-vente-cgv/
APPENDIX 2 - Delivery policy
Delivery zone
The Products offered can only be delivered within the Territory.
It is impossible to place an Order for any Delivery address located outside this Territory.
Products are shipped to the delivery address(es) indicated by the Customer during the order process.
Shipping time
The lead times for preparing an Order and then issuing the invoice, before dispatch of Products in stock, are given on the Site. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the Customer when the Products are dispatched, provided that the e-mail address entered in the registration form is correct.
Delivery times & costs
During the Order process, the Merchant indicates to the Customer the possible delivery times and shipping formulas for the rented Products.
Shipping costs are calculated according to the delivery method, the weight of the package and the delivery address. The amount of these costs will be payable by the Customer and included in the price of the Rentals.
Delivery times and costs are detailed on the Site.
Terms of delivery
Delivery will be made by DPD in mainland France and by Colissimo in Corsica.
Delivery problems
In the event of a breach by the professional of his obligation to deliver, the Customer may avail himself of article L.216-6 of the French Consumer Code, which provides for the possibility :
- notify the suspension of payment of all or part of the price until the professional performs, under the conditions of articles 1219 and 1220 of the Civil Code;
- to cancel the Lease, if, after having given formal notice to the professional to effect delivery within a reasonable additional period, the latter has not complied within this period.
The Lease shall be deemed terminated upon receipt by the Merchant of the letter or writing informing him of such termination, unless the Merchant has performed in the meantime.
The Customer may immediately cancel the Rental:
- when the professional refuses to deliver the Product or when it is obvious that he will not deliver the good;
- when the professional does not fulfil his obligation to deliver the Product on the date or at the expiry of the deadline stipulated in article L.216-1 of the French Consumer Code, and this date or deadline constitutes an essential condition of the Rental for the Customer. This essential condition results from the circumstances surrounding the conclusion of the Rental or from an express request by the Customer prior to the conclusion of the Rental.
When the Rental is terminated under the aforementioned conditions, the Merchant shall reimburse the Customer for all sums paid, at the latest within fourteen (14) days following the date on which the Rental was terminated.
APPENDIX 3 - General terms and conditions of sale
The Merchant's general terms and conditions of sale can be accessed via the link
https://www.charliecraneparis.com/conditions-generales-de-vente-cgv/
APPENDIX 4 - Returned Product Evaluation Report
Appendix 4.1 Product evaluation
The Product is deemed compliant if, according to the evaluation grid specified in Appendix 4.2, the Product components are evaluated at scale 1 or 2. Should the Product or Product component(s) be evaluated at scale 3 or 4, the Product or Product component(s) will be replaced and invoiced to the customer according to the price scale specified in Appendix 4.3.
Appendix 4.2 Product evaluation grid
Appendix 4.3 Product component price list
The Product Evaluation Grid and the Pricing Grid can be downloaded here : CCR_SLINE_EvaluationProducts