GENERAL TERMS AND CONDITIONS OF RENTAL

SAS au capital de 178000€ - RCS Clermont-Ferrand 509 202 180

   N° TVA FR 155 092 021 80

    175 Rue Georges Charpak 63118 Cébazat

1. PURPOSE

The purpose of these terms and conditions of rental has a legal effect without any restrictions, on all the products PICTURE ORGANIC CLOTHING, available for rental on the website www.picture-rental.com ( hereafter referred to as “the website”)

The website is a specific business platform for rental dedicated to individuals (hereinafter referred to as “customer”). All available items on the website are considered can be defined as clothes and accessories (hereafter referred to as “products”). The act of rental is a service offered by PICTURE ORGANIC CLOTHING, hereafter  referred to as “services”.

The aim of the website is to act for a new way of consuming, focused on rental rather than buying.

The substance of these terms is to detail the conditions of rental online between PICTURE ORGANIC CLOTHING and users. Shipping and returns conditions will be specified in this purpose.

Terms and conditions are available and printable at any time via a direct link, at the bottom of the page and will be electronically joined to every confirmation of order.

This version of terms and conditions of rental prevails on any other versions that are not officially agreed by PICTURE ORGANIC CLOTHING. In the event of any substantial modification due to exceptional situations, these further conditions will prevail on this version as additional ones.

2. COMPANY’S INFORMATION

The website site www.picture-organic-clothing.com is published by SAS Picture Organic Clothing, a simplified joint-stock company with 178,000 euros in capital stock, registered with the Clermont corporate register ( registration number 509 202 180 00022), and whose headquarter offices are located at PICTURE ORGANIC CLOTHING 175 RUE GEORGES CHARPAK 63118 CEBAZAT.

For all information, questions, or claims, PICTURE’s customer service is available for the Customer:

·       by email: online@picture-organic-clothing.com,

·       by regular mail: PICTURE ORGANIC CLOTHING 175 RUE GEORGES CHARPAK 63118 CEBAZAT – FRANCE,

·       by telephone: +33 (0)4 73 26 75 43, Monday through Friday, from 09:00-12:00 and 14:00-17:00, during non-holiday periods.

3. TERMS AND CONDITIONS SCOPE AND AGREEMENT

3.1. Customer’s legal capacity  

The present terms and conditions govern the rent of products by PICTURE ORGANIC CLOTHING through the website to all individuals over 18 years old, with the agreement of their legal representative if appropriate.

The website can be used by any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.

3.2. Agreement of the terms

 

The Customer confirms their order by clicking on the Order button, and thus agrees to the order as well as all the present General Terms and Conditions of Rent, and this without exception. Any customer who refuses to be bound by terms and conditions of rent will not be able to confirm the order.

4. PRODUCTS

4.1 Presentation and key features

The Product photos or illustrations present on the Website are non-contractual. PICTURE is therefore in no way liable for any discrepancies between one of the photos or illustrations and the Product.

PICTURE informs the Customer of the key features of the Product for sale, especially regarding the brand, the model, references, price, guarantees, technical features, condition. PICTURE encourages the Customer to read through the features. Theses mentioned features are the only ones PICTURE can be responsible.

The consumer accepts the product in its rental condition, aware that it may have been recently rent before being refurbished by PICTURE ORGANIC CLOTHING.

PICTURE agrees to fulfill all online orders base on available inventory. The Products available are those published on the day the Customer visits the Website, unless otherwise mentioned or in special cases with an error in inventory due to a bar code and/or labeling problem.

For an order that includes several products, if one of the products ordered is not available, PICTURE will still ship the order and only include the available products.

Under no circumstances will the Customer be invoiced for the unavailable product(s).

5. ORDERS

5.1 Customer account

All orders are placed online, through the Website.

When placing their very first order, the Customer has the option of creating a customer account or placing the order as a guest.

To place an order using a customer account, during the first connection, the Customer needs to create a login and a password.

When placing an order as a guest, the Customer will only be required to provide an email address and the necessary contact information to deliver the package.

In the event the Customer forgets their password, the Customer will need to enter their email address in the corresponding field and the system will automatically send a new password to their email address.

When creating their customer account, the Customer is liable for all the information provided. In the event of an error, especially regarding the contact information of the recipient, PICTURE cannot be held liable if it is impossible to deliver the Products.

 

5.2 Placing an order

The Customer places their order through the Website and chooses the number of Products, color, size, and duration of rent. The Customer also must provide the delivery address, choose the shipping method, and indicate the payment method. All personal information must be exactly filled to confirm the order by our services. The customer is aware and accept that this information is seen by our services as an identity proof.

Once the ordered is filled, the Customer has the opportunity, in the summary, to verify  and change the Product(s) ordered, the number of Product(s) ordered, the duration of rent, and the total price of the order.

The Customer confirms their order by clicking on the Order button, and thus agrees to the order as well as all the present General Terms and Conditions of Sale, and this without exception.

5.2. Confirmation of order

The Customer will receive a confirmation of order by email, with details on the elements, the delivery date, terms, and conditions in law at the day of the order, and the invoice. The customer must check the accuracy of the data and save the email as a proof.

In the absence of reception of the confirmation of order, the customer must contact PICTURE ORGANIC CLOTHING to the coordinates mentioned in the article 2.

6. PRICE AND PAYMENT TERMS

6.1. Price

The prices are indicated in euros and include the value added tax. The prices displayed do not include shipping costs which are invoiced in addition to the price of the Products. Shipping fees are indicated on the order summary provided when confirming the purchase.

The Products will be invoiced based on the prices in effect at the moment when the Customer confirms their order.

PICTURE ORGANIC CLOTHING reserves the right, at its own discretion and in accordance with the terms and conditions to propose promotional offers or price reductions.

Outside of the European Union and the French overseas departments and territories, customs duties or local taxes may be charged upon receipt of the delivery, in addition to the price paid to PICTURE ORGANIC CLOTHING. These taxes cannot be determined by our services and remain the responsibility of the customer.

6.2. Payment terms

The total price of the rent is due at the moment of the order.

Terms of subscription to the rental of product are detailed on the website and the customed can easily have access to it before any order.

In any case, the customer is informed and accepts to pay a deposit to PICTURE ORGANIC CLOTHING in case of subscription to the rent. The amount of this deposit is mentioned on the website.

Payment is made online through the secure online payment service on the website, by credit card or with any other means that will be agreed by our services on the website.

PICTURE can suspend or cancel any order or delivery in any case of non-payment, or fraud related to the use of the website.  Penalties of an amount equal to 1.5 times the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt.

6.3. Invoicing

Invoices will be sent to the consumer by email, with details. This present conditions and terms will be joined with a link with the invoice. 

7. DELIVERY AND RETURN

7.1. Territory of delivery

The customer is informed that our services for renting is only possible for delivery to :

Metropolitan France, Germany, Austria, Belgium, Netherlands, Spain, Italy, Luxembourg, and United Kingdom.

7.2. Shipping methods

The Products are shipped to the delivery address that the Customer provides during the order process. This address can be different from the invoicing address. The delivery address cannot be outside the territory of delivery, except specific and accepted cases.

The customer knows before the confirmation of order the different methods of shipping, and their different costs. The consumer must select the method of delivery chosen and provide all the information necessary for the effective delivery of the product.

The customer can choose a shop for the delivery of the products. The listed shops are detailed on the website during the shipping process.

7.3. Delivery dates

The website mentions for each product, indicative delivery times according to the territories and delivery methods selected before. The delivery time will be confirmed to the customer in the order confirmation email.

In the event the order arrives after the delivery date, the Customer has the option of canceling the sales contract by sending a certified letter with request for a receipt to the following address:

PICTURE ORGANIC CLOTHING

175 RUE GEORGES CHARPAK

63118 CEBAZAT

FRANCE

 

If, after providing PICTURE with a formal notice to ship the order within a reasonable timeframe, the latter is not executed within this timeframe, the contract is, in this case, considered terminated upon reception, by PICTURE, of the letter, except if the delivery was made in the interim.

In the event the sales contract is terminated, the Customer will be reimbursed as quickly as possible, by any means of payment, the entire sum paid, and no later than fourteen (14) days after PICTURE officially receives the certified letter.

PICTURE ORGANIC CLOTHING has the possibility in any case to suggest to the customeranother solution for the refund of the rental price and delivery fees. This suggestion must be accepted by the consumer to be effective.

 

7.4. Return

The customer must return to PICTURE ORGANIC CLOTHING the rental products following the instructions on the website and given during the order procedure.

The address for returns is

LOGISTIQUE SED

VOIE DU BOIS AUX FRENES

PLATEFORME DELTA3 - ZONE D

62119 Dourges

 

The customer has two business days to return the products, postmarked.

In the case of a delay of one week after the return date, 50% of the selling price of the rented product will be charge to the customer. If the delay is more than a month after the due return date, the consumer will be charged of the entire cost of the rented products.

 

8. NO RIGHT OF CANCELATION

Due to the French law, (article L.221-28, Code of consummation), the consumer has no right of cancelation if the rent begins before the delay of cancelation of 14 days.

The consumer will accept to refuse to this right of cancelation when the order will be accepted.

9. LEGAL WARRANTY

The consumer is unauthorized to benefit from the legal warranty of two years applicable to the sales of products, because of the absence of this warranty for the renting in legal rules.

The customer benefits from the legal guarantees of non-conformity as well as hidden defects of the rented products, including the defects of conformity resulting from the packaging of the products ordered on the website.

If the customer notices that the products delivered has a defect, a lack of conformity or is damaged,  he must inform PICTURE ORGANIC CLOTHING at the address and phone number mentioned (article 2). The notice must contain the reference of the article concerned, indicating the nature of the defect, the non-conformity or the damage noted. Any useful proof, in particular photograph(s), must be joined to the notice of the default.

PICTURE ORGANIC CLOTHING will organize with the carrier of its choice the modalities of the return and will inform the customer. PICTURE ORGANIC CLOTHING will bear the cost of this return.

The products must be returned to PICTURE ORGANIC CLOTHING in their original packaging (repack, reusable packaging). A copy of the corresponding purchase invoice must be joined with the product.

Any return which does not respect these previous conditions will not be accepted by our services.

PICTURE ORGANIC CLOTHING will proceed to the necessary checking and will propose another product within the availability if the stock. If the same product is out of stock, and the option proposed by PICTURE ORGANIC CLOTHING is declined, the customer will be refunded the full price paid for the rental of the product, including shipping fees.

The refund will be effective in any appropriated way, as soon as possible and at least within 14 days following the date on which the customer is informed of the impossibility of replacing the product.

10. OBLIGATIONS OF THE CUSTOMER

The customer is the only responsible for the use of the products. The customer must check if the products chosen is the good one for his needs before ordering it for rent. The customer is further informed and agree that the rented products are not in new condition ant that it has been reconditioned prior to its rental.

The customer must :

Provide PICTURE ORGANIC CLOTHING with valid information about their name, first name, address, and email.

Agree that they do not have any property right to the product.

Not sublet the products or assign their rights and obligations under these terms and conditions to any third party.

Use the product in accordance with its destination.

Return the products within the deadline set on the website at the time of their order, under late penalties (article 7.4)

Keep the  product as it is delivered, and to not change, customize, or repair it if there is a default.

Return the product in the same condition as it was when delivered.

11.OBLIGATIONS OF PICTURE ORGANIC CLOTHING

11.1 Website maintenance  

PICTURE ORGANIC CLOTHING can proceed to regular website maintenance in order to check the accessibility of the website. For this reason, PICTURE ORGANIC CLOTHING reserves the right to temporarily interrupt access to the website. As a result, PICTURE ORGANIC CLOTHING will not be held responsible for the difficulties or momentary non access to the website which would have for reason circumstances which are external to it, the force majeure, or which would be due to disturbances of the telecommunication networks.  

11.2. Characteristics of the products

PICTURE ORGANIC CLOTHING does not provide the customer with any guarantee about the adaptation of the products to the needs, expectations, or constraints of the customer.

11.3. Force majeure

PICTURE cannot be held liable for any delays or late deliveries due to a force majeure, meaning any unpredictable or uncontrollable external event.

 

PICTURE shall be excused of all obligations in the event of a force majeure in accordance with French jurisprudence. In this case, PICTURE will inform the Customer as quickly as possible of the duration of the force majeure event and of the foreseeable consequences.

11.4. Limited responsibility of PICTURE ORGANIC CLOTHING

PICTURE ORGANIC CLOTHING will be responsible for the only cases mentioned before, limited to the only proven damages suffered by the customer.

12. INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases, and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by PICTURE ORGANIC CLOTHING within the website are protected by intellectual property law and are the property of PICTURE ORGANIC CLOTHING. All disassembling, decompiling, decrypting, extracting, reusing, copying and more generally, all acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without the authorization of PICTURE ORGANIC CLOTHING are strictly prohibited and may be subject to legal action.

13. PERSONAL DATA  

PICTURE ORGANIC CLOTHING practices a policy of personal data protection. Details of that policy are available on the website, in the section “Charter for the protection of personal data”. It is highly recommended to the customer to read this charter.

14. PROHIBITED BEHAVIOUR

Any behavior that may interrupt, suspend, slow down or prevent the proper functioning of the website.

Any intrusion or attempts of intrusions in the systems of PICTURE ORGANIC CLOTHING

Any hack of the website system

Any action that may impose a disproportionate load on the infrastructures of the latter

Any attack on the security and authentication measures

Any acts likely to damage the rights and financial, commercial, or moral interests of PICTURE ORGANIC CLOTHING or of the customer.

Any practice different from the purpose of the website

Any breach of these terms and conditions or of actual laws.

Any attempt to sell or merchandise the access to the website or the information it contains.

These previous cases are prohibited and will constitute a breach to the terms and conditions the customer agreed before. PICTURE ORGANIC CLOTHING in is own right, will take appropriate measures if a breach is detected and could take legal action.

15. LOSS OR THEFT OF THE PRODUCTS

If the customer declares a loss or a theft of the product, an official report of that incident must be sent to PICTURE ORGANIC CLOTHING, justifying and declare it officially. A certificate of honor could be joined with the report to add a proof of the loss or theft.

The request will be analyzed by our services to ensure that the report is not fraudulent.

16. MODIFICATIONS

PICTURE reserves the right at any moment to modify the provisions in the present General Terms and Conditions of Rent. The Customer is bound to these modifications. All orders will be governed by the version of the General Terms and Conditions of Rent in effect on the day the Customer places the order.

17. LANGUAGE

This version of general Terms and Conditions of Rent is translated from the French version. The language of interpretation will be the French language in case of contradiction or dispute on the meaning of a term.

18. GOVERNING LAW – DISPUTES

The rental contract executed between PICTURE and the Customer falls under French law; all international conventions are excluded.

In the event of a dispute, the Customer is informed that they have the right to seek a consumer mediator after failure to resolve the dispute amicably with PICTURE, in compliance with French consumer law.

The Customer will find detailed information on this topic at the following website: https://www.economie.gouv.fr/mediation-conso

If a settlement cannot be agreed upon amicably, the courts in France have the exclusive authority. The court with the jurisdiction to adjudicate the dispute will be designated according to proper procedure in France at the time of the dispute.