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General terms and conditions of sale and hire of products to professionals

Last update: 29 May 2023

Table of contents


PREAMBLE


ARTICLE 1. DEFINITIONS


ARTICLE 2 PRECONTRACTUAL INFORMATION COMMUNICATED TO THE CUSTOMER


ARTICLE 3 PURPOSE


GENERAL TERMS AND CONDITIONS FOR THE SALE OF LAVIE PRODUCTS


ARTICLE 4 PRODUCT PURCHASING PROCESS


4.1 Via commands


4.2 Via the online shop


4.3 Order cancellation by the Supplier


ARTICLE 5 LIABILITY


5.1 Information contained in the online shop


5.2. Use of the online shop


5.3. Compliance


ARTICLE 6 RIGHT OF WITHDRAWAL


ARTICLE 7 PRODUCT PRICES


ARTICLE 8 TERMS OF PAYMENT FOR PRODUCTS


8.1 Payment terms


8.2 Payment methods


8.2.1 Cheques


8.2.2 SEPA bank transfers


8.2.3 SWIFT bank transfers


8.2.4 Credit card: online shop sales


8.2.5 Payment services such as Paypal, Apple Pay or Google Pay


ARTICLE 9 RETENTION OF TITLE


ARTICLE 10 DELIVERY OF PRODUCTS


ARTICLE 11 GUARANTEES AND CLAIMS


11.1 Complaints


11.2 Warranty


11.2.1 Scope


11.2.2 Exclusions


ARTICLE 12 SUSPENSION/TERMINATION


12.1 Suspension


12.2 Cancellation


II GENERAL CLAUSES RELATING TO THE HIRE OF LAVIE PRODUCTS


ARTICLE 13 SUBSCRIPTION TO SERVICES


13.1 LEASE SUBSCRIPTION PROCESS


13.2 CONSENT


13.3 VALIDATION OF THE RENTAL


13.4 RENTAL PAYMENT


13.4.1 METHOD OF RENTAL PAYMENT


13.4.2 SUBSCRIPTION PROCESS


13.5 LEASE CONTRACT


13.5.1 FORMATION OF THE LEASE CONTRACT


13.5.2 COMPLETENESS CLAUSE


13.5.3 DURATION OF THE CONTRACT


13.6 PROOF AND ARCHIVING


13.7 PRICING AND PAYMENT


13.7.1 COST OF RENTAL


13.7.2 LATE PAYMENT


ARTICLE 14 OPTIONAL PRODUCTS


ARTICLE 15 AVAILABILITY OF PRODUCTS


15.1 AVAILABILITY


15.2 DELIVERY


15.2.1 DELIVERY TERMS


15.2.2 CHANGE OF ADDRESS


15.2.3 MOVING


15.2.4 DELIVERY DATE


15.2.5 AVAILABILITY


15.2.6 TRANSFER OF RISK


15.2.7 - NO RECEPTION


ARTICLE 16 WITHDRAWAL


ARTICLE 17 CONDITIONS OF USE


17.1 USE/MAINTENANCE


17.2 SUBLETTING OR SALE OF THE PRODUCT


17.3 ACCESSORIES


ARTICLE 18 LIABILITY


18.1 INFORMATION CONTAINED IN THE ONLINE SHOP


18.2 USE OF THE ONLINE SHOP


18.3 COMPLIANCE


18.4 INSTRUCTIONS AND PRECAUTIONS FOR USE


18.5 CONDITIONS OF USE OF PRODUCTS


18.5.1 DAMAGE TO THE LEASED PROPERTY


18.5.2 SEIZURE OF THE LEASED PROPERTY


18.6 CUSTOMER LIABILITY


ARTICLE 19 SERVICES AND GUARANTEES INCLUDED IN THE RENTAL CONTRACT


19.1 GUARANTEES


19.2 SERVICES


19.3 EXCLUSIONS AND LIMITATIONS OF LIABILITY


ARTICLE 20 TERMINATION OF THE LEASE


20.1 TERMINATION IN THE EVENT OF DEATH


20.2 TERMINATION OF THE LEASE AT THE CUSTOMER'S REQUEST


20.3 AUTOMATIC TERMINATION FOR BREACH OF CONTRACT BY THE CUSTOMER (RESOLUTORY CLAUSE)


20.4 UNILATERAL TERMINATION DUE TO A CHANGE IN REGULATIONS


ARTICLE 21 PRODUCT RETURN


21.1 TERMS AND CONDITIONS


21.2 STATE OF THE PRODUCT


III. CLAUSES COMMON TO THE SALE AND HIRE OF LAVIE PRODUCTS


ARTICLE 22 SECURING TRANSACTIONS


ARTICLE 23 INTELLECTUAL PROPERTY AND INFRINGEMENT GUARANTEE


ARTICLE 24 INSURANCE


ARTICLE 25 FORCE MAJEURE


ARTICLE 26 DATA PROTECTION ACT - PROCESSING OF PERSONAL DATA


ARTICLE 27 APPLICABLE LAW - MEDIATION - COMPETENT JURISDICTION


27.1. Applicable law


27.2. Prior mediation


27.3. Competent court


ARTICLE 28 ELECTION OF DOMICILE


ARTICLE 29 CONTRACTUAL DOCUMENTS

PREAMBLE

These General Terms and Conditions of Sale and Rental (the "GTCS") apply to any order for products placed by any professional (hereinafter "the Customer") with SOLABLE, a simplified joint stock company with capital of €13,500, having its registered office at 8 avenue Fernand JULIEN, 13410 Lambesc (France), registered with the RCS or Salon under number 811565803 (the "Supplier"), via a direct order with a sales manager or via the online shop hosted at https://lavie.bio/boutique/.

These contractual provisions apply exclusively to any contract for the purchase or hire of SOLABLES products concluded by a professional buyer. These General Terms and Conditions of Sale represent the entire agreement between the parties.

Any order or rental subscription implies unreserved acceptance of these GTCL and implies the Customer's agreement to their entire content.

These General Terms and Conditions of Sale take precedence over any other document exchanged between the parties, regardless of when this document may have been brought to the Supplier's attention. Any special condition derogating from or adding to the GTSL must be accepted by the Supplier in writing beforehand.

The Supplier reserves the right to amend these General Terms and Conditions of Sale and Rental at any time, in particular to bring them into line with applicable legal provisions. However, the General Terms and Conditions of Sale and Rental and Hire applicable when an order is placed or a rental contract is taken out are those in force at the time the order is signed or the contract is taken out by the Customer.

ARTICLE 1. DEFINITIONS

Customer :

Professional Purchaser or Hirer who purchases or hires Products from the Supplier. A Professional Buyer or Hirer is defined as any natural person or legal entity, public or private, acting for purposes within the scope of its commercial, industrial, craft, liberal or agricultural activity, including when it is acting in the name of or on behalf of another professional.

How to order:

Document used by the Customer to purchase Products. In particular, it specifies the quantities of Products purchased, the Price and any discounts, the penalties applicable in the event of late payment, the methods of delivery of the Products and the date or timescale for delivery of the Products. The Supplier has 7 days to accept the Order and return a copy to the Customer.

Products :

All of the Products offered for sale or hire by the Supplier appearing in the Supplier's catalogues or on the Supplier's online shop. These catalogues describe the Products, present their characteristics and determine the corresponding prices. These Products comply with the regulations in force in France and Europe and their performance is compatible with Customer use.

The online shop contains a description of the Products, a presentation of their characteristics and the corresponding rental prices.

Services :

All services provided by the Supplier, such as delivery of Products and after-sales service.

Supplier:

A sales professional who offers Products to Customers for sale or hire.

Consumer :

Non-professional buyer, i.e. any natural person or legal entity acting for purposes that are not part of its commercial, industrial, craft, liberal or agricultural activity.

Online shop :

The Supplier's merchant site, located at the following address: https://lavie.bio/boutique/

Payment service provider :

Credit or payment institution that organises, facilitates, verifies and authorises interbank payments, acting as an intermediary on behalf of individuals and companies.

SSL (Security Socket Layers) or TSL protocol :

Protocol for securing information exchanges on the Internet.

Accessories and connectors :

For the purposes of the warranty, accessories and connectors are considered to be those supplied in the manufacturer's original packaging.

Replacement property :

In order of priority,

  • A reconditioned item of the same model as the leased item, or
  • A new property of the same model as the leased property.

Refurbished goods :

Device restored to the same level of technical and functional characteristics as the original Leased Good, packaged in a neutral box, having undergone operations, renovation or repair.

Breakage :

Any total or partial destruction of the rented equipment, affecting its proper operation and resulting from an accident, clumsiness or negligence. Any breakage of glass or panes is considered as breakage.

Oxidation :

Any chemical corrosion of the components of the leased property that impairs its proper operation and is the result of an accident, clumsiness or negligence.

Breakdown :

Any malfunction caused by something internal to the leased property that prevents it from being used.

Flight:

Fraudulent removal of the Leased Property by a third party.

Theft can only be recorded once it has been reported to the relevant police authorities.

Cookie :

Small file stored by a server in a user's terminal (computer, telephone, etc.) and associated with a web domain (i.e. in most cases with all the pages of a single website). This file is automatically sent back when subsequent contacts are made with the same domain.

ARTICLE 2 PRECONTRACTUAL INFORMATION COMMUNICATED TO THE CUSTOMER

The Customer acknowledges having been informed of these General Terms and Conditions of Sale and Rental with a view to purchasing or renting Products from the Supplier, prior to placing any Order.

ARTICLE 3 PURPOSE

The purpose of these General Terms and Conditions of Sale and Rental is to define the conditions under which the Supplier provides the Products or Services to the Customer. They apply, without restriction or reservation, to all purchases or rentals of Products made by the Customer.

In accordance with article L 441-6 of the French Commercial Code, these General Terms and Conditions of Sale and Rental constitute the sole basis of the commercial relationship between the Parties.

As from their acceptance by the Customer, these General Terms and Conditions of Sale and Rental apply to all Products purchased or rented by the Customer, to the exclusion of any other document. Consequently, these General Terms and Conditions of Sale and Rental replace and cancel all declarations, prior negotiations, commitments of any kind, communications, whether oral or written, acceptances and prior agreements made between the Supplier and the Customer.

The Customer declares that he/she has accepted these General Terms and Conditions of Sale and Rental in their entirety prior to any purchase of Products.

These General Terms and Conditions of Sale and Rental are valid for ten (10) years from the date of their acceptance by the Customer. They may be amended at a later date, in particular to take account of changes in legislation and regulations, the version applicable to the purchase of Products by the Customer being that in force on the date of acceptance of the Order by the Supplier under the conditions set out below.

GENERAL TERMS AND CONDITIONS FOR THE SALE OF LAVIE PRODUCTS

ARTICLE 4 PRODUCT PURCHASING PROCESS

4.1 Via commands

The Customer purchases Products by issuing Orders drawn up in accordance with the model annexed hereto. These Orders will be sent by the Customer to the Supplier as and when required by the Customer.

The natural person accepting the Order Form commits the Customer and the Customer guarantees that this person is authorised to conclude the contract with Solable.

The sale shall not be deemed final until the Supplier has accepted the Order, sent a copy of the Order to the Customer and the Supplier has received payment for the Products in full.

The General Terms and Conditions of Sale and Rental and the Orders form an indivisible whole. In any event, the General Terms and Conditions of Sale and Rental do not constitute an order or place the Customer under any obligation to order Products.

If the product ordered is unavailable, the Supplier will offer the Customer, who must agree, the supply of an equivalent product to replace the product ordered.

If the Customer does not agree, the unavailability of the product ordered will result in the order being cancelled and the Customer being reimbursed.

4.2 Via the online shop

The Customer purchases the Products by logging on to the Lavie Shop website and following the instructions displayed.

The sale and acceptance of these General Terms and Conditions of Sale and Rental are deemed to be validated when the purchase is confirmed on the online shop.

The natural person placing the order via the online shop binds the Customer and the Customer guarantees that this person is authorised to conclude the contract with Solable.

A summary of the order information and these General Terms and Conditions will be sent in PDF format via the order confirmation e-mail address.

All orders placed through the Lavie online shop are subject to payment.

To place an order on the online shop, the Customer must :

  • Fill your basket with one or more Products;
  • Enter your billing information, e-mail address and billing and/or delivery address;
  • Choose whether or not to create a customer account.
  • Choose your delivery method.
  • Check the Products ordered, the total price of the order and the terms and conditions of the order.

They choose their method of payment. If necessary, they can modify their order or go back over it before finally confirming it.

The order will not be definitively recorded until the last validation of the order summary screen. This action is equivalent to the handwritten signature referred to in article 1367 of the French Civil Code and to the conclusion of a contract in electronic form within the meaning of articles 1127-1 and 1127-2 of the French Civil Code.

As of this action :

  • the Customer confirms his/her order and declares that he/she accepts the order and these General Terms and Conditions of Sale and Rental in full and without reservation; and
  • the order is considered irrevocable and may only be challenged in the cases exhaustively provided for herein.

The Customer may print out the order form corresponding to their order.

4.3 Order cancellation by the Supplier

The Supplier reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature, at any time during the ordering process, in the event of non-payment or partial payment of any sum due by the Purchaser or in the event of a payment incident.

In case of payment by bank transfer, the Supplier reserves the right to cancel the Customer's order if he has not received the transfer within 5 days from the date of the order. Thus, the order remains the property of SOLABLE until full payment has been made to the Supplier. In accordance with the provisions of Article 9 of these General Terms and Conditions of Sale and Rental.

ARTICLE 5 LIABILITY

5.1 Information contained in the online shop

The Supplier endeavours to ensure, to the best of its ability, that the information published in the online shop is accurate and up-to-date, and reserves the right to modify this information at any time and without prior notice. However, it cannot guarantee the accuracy, precision or completeness of the information appearing in the online shop. Consequently, it declines all responsibility for any imprecision, inaccuracy or omission in the information available, as well as all responsibility for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information contained in the online shop.

The Supplier shall not be held liable for hypertext links to other resources on the Internet. Indeed, the Supplier has no means of controlling the Sites connected to its Site, of which the Customer is hereby expressly informed. Consequently, the risks associated with such use shall be borne entirely by the Customer.

Similarly, the photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, the Supplier may not be held liable in the event of an error in one of these photographs or texts.

5.2. Use of the online shop

Use of and browsing in the online shop are under the Customer's responsibility. The Supplier declines all responsibility and may not be held liable for any damage or viruses that may affect computer equipment or any other material when accessing the Site, using the Site or browsing the online shop, or downloading any content, data, text, images or files from the Site.

5.3. Compliance

The Supplier markets UV-A water purification systems.

The Supplier declares that it markets products that comply with the applicable French and European regulations in force on the date of delivery of the products.

In particular, the Supplier declares that it complies with the waste treatment obligations associated with Law No. 2020-105 of 10 February 2020 on the fight against waste and the circular economy and is a member of an eco-organisation.

Compliance with regulations applicable to the product outside the European Union is the sole responsibility of the Customer.

The Supplier shall attach an electronic version of the Precautions for Use to the shipment of any product ordered by the Customer. These precautions for use will be available via a direct internet link.

The Customer must read the Instructions for Use before using the products delivered.

The Customer must give the Precautions for Use to the end consumer.
The information provided on the products marketed is for information purposes only. Under no circumstances shall it constitute medical information or incur the Supplier's liability.

The Customer must comply with the advice and precautions for use provided for each of its offers and drawn up by the Supplier (hereinafter the "Precautions for Use").

The Supplier declines all responsibility and may not be held liable for any damage caused to the Customer or to a third party as a result of the Product not being used for its intended purpose.

ARTICLE 6 RIGHT OF WITHDRAWAL

Apart from the conditions set out in Article L221.3 of the French Consumer Code, the Customer has a period of seven (7) clear days from the delivery of his order to inform the Supplier of his wish to withdraw, by registered letter addressed to SOLABLE, 8 avenue Fernand Julien 13410 LAMBESC or by e-mail: contact@lavie.bio.

The Customer may use the withdrawal form provided for this purpose at the end of these GCS.

The Customer must then return the products to the Supplier in their original packaging within 14 clear days (excluding weekends and public holidays) following communication of his/her decision to withdraw. The Customer shall bear the full cost of returning the goods.

The Customer shall be held liable by the Supplier in the event of depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products.

Given the nature of the products, the right of withdrawal cannot be exercised for products that have been unsealed by the Customer after delivery.

The Supplier shall reimburse the Customer for the price of his order at the latest within 30 days of the date on which the Supplier became aware of the Customer's decision to withdraw.

The Supplier may defer reimbursement until the products have actually been returned.

ARTICLE 7 PRODUCT PRICES

The Products shall be supplied at the current prices appearing in the catalogue of Products communicated by the Supplier to the Customer on the date of acceptance of the Order by the Supplier or in the online shop on the date of the order.

Prices are expressed in Euros, excluding VAT and including VAT. These prices are firm and non-revisable during their period of validity, as indicated in the Product catalogue or the online shop.

ARTICLE 8 TERMS OF PAYMENT FOR PRODUCTS

Invoices shall be drawn up by the Supplier and sent to the Customer's accounting department in one (1) single copy, as soon as the Products have been delivered. Invoices must state the characteristics of the Products and be accompanied by all the supporting documents required to check that they are correct.

8.1 Payment terms

In accordance with the provisions of Articles L 441 - 10 and D.441 5 of the French Commercial Code, all payments shall be made in Euros on expiry of a period of thirty (30) days from the date of issue of the invoice or the corresponding request for advance payment.

If the payment date calculated in this way is not a bank working day, payment will be made on the next bank working day. Any delay in payment shall automatically incur penalties calculated at the rate of three (3) times the legal interest rate, as from the due date.

In addition, the Customer shall be liable to pay a flat-rate collection fee of at least 40 euros. Finally, the Supplier reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the Order placed by the Customer.

8.2 Payment methods

Payment is made by the Customer using one of the following methods: cheques, bank transfer from the European and non-European zones, SWIFT bank transfer, credit card, Paypal©. In all the cases listed above, payment will be made in Euros (€).

8.2.1 Cheques

The bank cheque must be issued by a bank domiciled in France or Monaco, made payable to SOLABLE and sent to the following address: SOLABLE - 8, avenue Fernand Julien 13140 LAMBESC (France). The cheque will be cashed upon receipt. The Buyer has ten (10) days following the validation of his Order to send the cheque to SOLABLE. After this period of ten (10) days, the Order will be automatically cancelled.

8.2.2 SEPA bank transfers

Only transfers from bank accounts opened with banks located in the Single Euro Payments Area are accepted at the time of payment.

Any costs arising from this method of payment will be borne exclusively by the Customer.

8.2.3 SWIFT bank transfers

Payment Society of Worldwide Interbank Financial Telecommunication may be made by bank transfer using the SWIFT standard. In this case, any subsequent bank charges will be borne solely by the Customer.

8.2.4 Credit card: online shop sales

Payment is made online by credit card. The order will be processed on receipt of payment and subject to its collection.

If the bank refuses, the order will be automatically cancelled.

8.2.5 Payment services such as Paypal, Apple Pay or Google Pay

Payment is made online via the dedicated websites of the payment service providers. For more information: On Paypal - on ApplePay - on GooglePay

ARTICLE 9 RETENTION OF TITLE

Notwithstanding the provisions of article 1583 of the Civil Code, the Supplier shall remain the owner of the Products until full payment of the price, notwithstanding the transfer of the risks of the Products to the Customer, which the Parties agree shall occur when the Products are handed over to the carrier, in accordance with the provisions of article 10 of this contract.

In the event of a judgement opening collective proceedings against the Customer, the Supplier reserves the right to reclaim the Products in the Customer's possession, within three (3) months of publication of the judgement of the said proceedings, in accordance with the provisions of Article L. 624-9 of the French Commercial Code.

If the Customer fails to pay any of the instalments by the agreed date, the Supplier may demand the return of the unpaid Products by registered letter with acknowledgement of receipt, without prejudice to its right to cancel the sales in progress.

To this end, the Supplier may unilaterally, after sending the aforementioned formal notice, draw up or have drawn up an inventory of the Products in the Customer's possession. The Customer hereby undertakes to allow free access to its warehouses, stocks, shops or other premises for this purpose, and to ensure that the identification of the Manufacturer's Products and their packaging is always possible.

The Supplier may enforce all the rights it holds under the present retention of title clause for any of its claims on all the Products in the Customer's possession, the latter being conventionally presumed to be those unpaid.

If, within a period of one (1) month from receipt of the registered letter with acknowledgement of receipt sent by the Supplier, the Customer has not voluntarily complied with the Supplier's request to reclaim the Products, the Supplier shall have the right to refer the matter to the competent court for the purpose of seizing, from the hands of the debtor or any other third party holding the said Products, the Products the ownership of which has been reserved to it by virtue of this clause.

From the date of receipt of the registered letter with acknowledgement of receipt sent by the Supplier, the Customer undertakes to retain, or to have retained by any third party, all goods and/or merchandise, subject to this Agreement, which the Manufacturer has delivered to him, until such time as the Manufacturer's action for recovery has been brought to an end by an enforceable title.

In the event of failure to comply with this last obligation, in the event of the sale or removal of Products the ownership of which is claimed by the Supplier, the Customer shall bear a penalty of €179 per LAVIE Pure product sold or removed.

  • 99 per LAVIE 2GO product sold or moved
  • 199 per LAVIE XL PREMIUM product sold or relocated
  • 499 per LaFontaine product sold or relocated

The foregoing provisions shall not prevent the immediate transfer of the risks of the Products to the Customer upon delivery thereof, in accordance with the provisions of Article 4 of these GTCS.

ARTICLE 10 DELIVERY OF PRODUCTS

The various shipping methods are indicated on the quotation requested by the Customer. They are accepted by the Customer when the Quotation is signed, which constitutes the placing of an order.

The Supplier undertakes to ensure that the Products delivered comply in every respect with the Order, good practice, legal and regulatory obligations and current French and European standards. The Supplier shall be liable for any defects in conformity existing at the time of delivery of the Products.

The Supplier shall deliver the Products to the Customer in accordance with the terms and conditions defined in the corresponding Orders and on the date or within the period specified in said Orders.

In the event that the Products do not comply with the rules of the trade or with the Order or in the event that the delivery deadlines set out in the Order are not met, the Customer may request the Supplier, by registered letter with acknowledgement of receipt, to make a new delivery of the Products in accordance with the provisions set out in the Order within a reasonable period of time which may not exceed two (2) months. If the Supplier fails to comply with this time limit, the Customer may then require the Supplier, by registered letter with acknowledgement of receipt, to take back the Products at its own cost and expense, without prejudice to the Customer's right to cancel the Order.

The transfer of ownership of the Products to the Customer will take place when the Customer has paid the price in full and the transfer of the risks of loss and deterioration will take place when the Customer takes physical possession of the Products.

The INCOTERM chosen is that of EXW - ExWorks. The Supplier shall deliver the goods to a depot located in France or to another agreed location (workshop, factory, warehouse, etc.), without completing customs export formalities and without loading the goods onto any collection vehicle. The customer shall therefore bear all the costs and risks inherent in taking delivery of the goods from the Supplier's premises.

ARTICLE 11 GUARANTEES AND CLAIMS

11.1 Complaints

On receipt of the products, the Customer must immediately check their condition and conformity with the order, in the presence of the carrier. In particular, the Customer must check the quality and quantity of the products, their condition and their characteristics.

If the products delivered do not conform to the order or are damaged, the Customer must make all reservations and complaints to the carrier or refuse delivery if the parcel is damaged or open, and send his complaints by registered letter addressed to Société SOLABLE - 8, avenue Fernand Julien 13140 LAMBESC (France), or by email to the following address: contact@lavie.bio within 7 days of delivery, specifying and justifying in full the reasons for the complaint.

No complaint will be taken into account after the products have been used. No unsolicited returns will be accepted without the Supplier's prior written agreement.

11.2 Warranty

11.2.1 Scope

The products are guaranteed against any material or manufacturing defect rendering them unfit for their intended use, for a period of twelve (12) months from the date of delivery. Interventions under the guarantee shall not have the effect of extending the duration of the guarantee.

Under this warranty, the only obligation incumbent on the Supplier shall be, at its option, the free replacement or repair of the product or component recognised as defective by its services, unless this method of compensation proves impossible or disproportionate.

In order to benefit from the guarantee, any product must first be submitted to the Supplier's after-sales service, whose agreement is essential for any replacement.

Any carriage costs shall be borne by the Customer, who may not claim any compensation in the event of the goods being immobilised as a result of the application of the guarantee.

11.2.2 Exclusions

The guarantee does not apply to apparent defects. Defects and deterioration caused by natural wear and tear or by an external accident, by a modification of the product not planned or specified by the Supplier, by its abnormal use, by its use in conditions different from those for which it was manufactured, in particular in conditions not prescribed by the manufacturer or the Supplier, are also excluded.

The Supplier shall not be liable for any deterioration caused by inappropriate storage of the products by the Customer who does not comply with the recommendations for use and instructions for use issued by the Supplier.

The Supplier may not be held liable in the event of misuse of the Product, use that does not comply with the instructions for use communicated by the Supplier, in the event of negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product or failure in the event of an accident.

ARTICLE 12 SUSPENSION/TERMINATION

12.1 Suspension

The Supplier or the Customer may suspend performance of its obligations where it is clear that the other Party will not perform its obligations within the time limits and under the conditions set out in the Order and where the consequences of such non-performance are prejudicial to the injured Party.

12.2 Cancellation

Without prejudice to the right to claim compensation for the damage and/or loss suffered, in the event of non-performance by one of the Parties of any of its obligations under the General Terms and Conditions or the Orders, the other Party may, fifteen (15) days after formal notice sent by registered letter with acknowledgement of receipt has remained unsuccessful, terminate the General Terms and Conditions and/or the Orders as of right.

II GENERAL CLAUSES RELATING TO THE HIRE OF LAVIE PRODUCTS

ARTICLE 13 SUBSCRIPTION TO SERVICES

13.1 LEASE SUBSCRIPTION PROCESS

Contractual information is presented in French.

The Customer is hereby informed that the services offered by the Supplier are intended exclusively for the whole of France, excluding French overseas departments and territories.

As a result, the Supplier reserves the right to refuse the requested service on this ground or, if feasible, to demand additional charges from any customer wishing to subscribe to the said service outside this territorial limit.

When subscribing, the Customer undertakes that the products to be rented will be for personal and private use only, and will not be used for any commercial, industrial, craft, liberal or agricultural activity.

When you sign up for a rental contract electronically via the online shop, you follow the steps below:

  • Select the product(s) in the corresponding category using the "add to basket" tab;
  • Customer identification via the "log in" or "register" section when subscribing for the first time;
  • Indication of date of birth, billing address and delivery address (if different) in the "delivery" section;
  • Validation of the general rental conditions ;
  • Select the "Proceed to payment" section;
  • Identification of payment terms and payment of the first instalment ;
  • Indication of a certain amount of personal information in order to finalise the order;
  • Order confirmation.

If the Supplier refuses the order, no direct debit will be made.

The rental offers and prices in force remain valid for as long as they remain visible on the online shop, and always within the limits of available stocks.

If the product is unavailable after the Customer has validated the subscription (article 17.1), the Customer will be informed of the timeframe within which the product will be made available, or will be offered another product with the same characteristics.

Any Customer who does not wish to wait for the replacement to be made available or who refuses the replacement proposal will be reimbursed for the price paid, if their bank account has been debited, within thirty (30) days of the effective date of payment.

13.2 CONSENT

The Customer's attention is particularly drawn to the method of acceptance of the electronic subscription to the rental contract via the online shop. By clicking on the "REGISTER" button and ticking the box indicating that they have read and accepted the Supplier's general terms and conditions of hire, validating the subscription, the Customer accepts the hire contract unreservedly.

13.3 VALIDATION OF THE RENTAL

The information provided by the Customer when subscribing electronically to the hire contract (in particular the name and delivery address) is binding on the Customer. Therefore, the Supplier cannot be held liable in any way in the event that an error attributable to the Customer at the time of the electronic subscription prevents or delays the performance of the service, and in particular the delivery of the product(s).

The Supplier reserves the right to refuse an order in the event that the Customer is not up to date with its obligations of any nature whatsoever, and in particular, without this list being exhaustive, failure to pay, payment incident during a previous order. Such a refusal constitutes a legitimate reason within the meaning of article L.121-11 of the French Consumer Code and does not constitute a refusal to sell.

13.4 RENTAL PAYMENT

13.4.1 METHOD OF RENTAL PAYMENT

Payment is made by the Customer using a bank card, an online payment service (such as Apple Pay or Google Pay) or a SEPA direct debit from their bank account, for the first payment and for subsequent monthly payments.

To this end, the Customer enters his/her payment card details or bank account details (in RIB or IBAN format) on the secure interface of the Supplier's payment service provider. A request for confirmation and final validation is then requested, which constitutes an electronic signature, equivalent to a handwritten signature in accordance with the provisions of article 1367 of the French Civil Code.

If the Customer's bank details change during the rental period, they are invited to go to their customer area to make the change or to contact Customer Services to make the change. The change must be made no later than 10 days before the next direct debit due date.

13.4.2 SUBSCRIPTION PROCESS

There are two steps to paying for the lease:

  • As soon as the contract is formed, the first instalment is debited from the Customer's bank card or via the payment method chosen by the Customer when the order was placed.
  • The amount of the rent is then payable monthly, in arrears, using the method of payment chosen by the Customer when the order was placed, without the need for prior notice.

a. Subscription validation

The subscription to the rental contract will only be considered accepted by the Supplier when the bank payment centre concerned has given its agreement and the Supplier has validated the subscription in the light of its own acceptance criteria.

The Customer is advised that the first instalment is not a deposit, but an increased monthly payment designed to secure the Customer's commitment and cover the costs of managing the file.

In the event of acceptance of the file by the payment centre and by the Supplier, the Customer will be informed by sending confirmation of dispatch of the order by e-mail.

Following validation of the subscription by the Customer, the contractual information relating to the said subscription (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery.

b. Refusal to subscribe

If the application is rejected despite validation of the payment, the subscription will be automatically rejected and the Customer will be informed by e-mail. Validation of the payment by the payment centre does not constitute payment but a bank authorisation. The first instalment will only be paid once the order has been dispatched.

If the order is not validated and therefore not dispatched, the bank authorisation is cancelled and no actual payment is made. The deletion of the bank imprint is subject to deadlines specific to each banking establishment and beyond the Supplier's control.

13.5 LEASE CONTRACT

13.5.1 FORMATION OF THE LEASE CONTRACT

The rental contract is deemed to be validly and definitively formed between the Parties as from the acceptance of the rental by the Supplier, which is evidenced by the sending of an e-mail confirming the validation of the order.

The Supplier strongly advises the Customer to print and/or archive this subscription/order confirmation on a reliable and durable medium as proof.

The rental contract takes effect and invoicing begins on the day the rented product(s) is (are) made available to the Customer, as evidenced by a delivery note, and ends when the rental contract is terminated.

13.5.2 COMPLETENESS CLAUSE

The contract consists of these General Terms and Conditions of Hire, the order validation and dispatch confirmation emails for the product(s) and the delivery note signed by the Customer.

It represents the entire agreement between the Supplier and the Customer.

13.5.3 DURATION OF THE CONTRACT

The lease is for an indefinite period.

13.6 PROOF AND ARCHIVING

The computerised registers, kept in the Supplier's computer systems under reasonable security conditions, will be considered as proof of the communications, contract/order subscriptions and payments made between the Parties.

Subscription/order forms and invoices are archived by the Supplier on a reliable and durable medium in such a way as to correspond to a true and durable copy in accordance with the provisions of Article 1379 of the French Civil Code.

13.7 PRICING AND PAYMENT

13.7.1 COST OF RENTAL

The rental cost is calculated according to the type of product rented. It corresponds to the cost shown on the online shop.

This amount is expressed in euros and includes all taxes. It includes the cost of processing, delivery, customer service and return, but excludes the right of withdrawal.
The monthly payments are fixed for the duration of the contract.

The Supplier reserves the right to modify its prices at any time, but undertakes to apply the prices in force when the contract is registered, subject to the availability of the products on that date.

No earlier than the date on which the contract is formed, the Customer's bank account will therefore be debited as the first instalment. This initial payment will be supplemented by the purchase value of the accessory products offered for sale.

13.7.2 LATE PAYMENT

Any delay in payment will result in the suspension of the application of the contractual services by the Supplier until the situation is regularised, in particular the customer service mentioned in articles 11 et seq. of these T&Cs.

In accordance with the provisions of Article 1217 of the French Civil Code, the Supplier reserves the right to terminate the contract following non-payment of three rental payments, even if not consecutive.

Refusal to return the product or non-payment of the sums due may give rise to a dispute settlement procedure.

ARTICLE 14 OPTIONAL PRODUCTS

In addition to the rental formula, the Supplier offers its Customers a certain number of products available for sale on its online shop.

The purchase of one or more of these products by the Customer implies acceptance of the Supplier's General Terms and Conditions of Sale and Rental. These General Terms and Conditions of Sale and Rental can be consulted on the https://lavie.bio website.

These accessory products are selected by the Supplier in connection with the equipment chosen by the Customer as part of its commitment.

ARTICLE 15 AVAILABILITY OF PRODUCTS

15.1 AVAILABILITY

Subscription offers including product categories and prices are valid as long as they are visible on the online shop site, and always subject to availability.

If the product is unavailable after the subscription has been validated, the Customer will be informed of the period within which the product will be made available again, or will be offered another product with similar characteristics.

Customers who do not wish to wait for the replacement to be made available or who refuse the replacement proposal will be reimbursed for their deposit if their bank account has been debited, at the latest within thirty days of the effective date of payment.

15.2 DELIVERY

15.2.1 DELIVERY TERMS

Products may be delivered by a carrier appointed by the Supplier or by Chronopost/Colissimo, at the Customer's choice.

In the event of delivery by a carrier appointed by the Supplier, the product(s) covered by the rental contract will be delivered to the delivery address given at the time of subscription.

In the event of delivery by another means, the product(s) covered by the rental contract will be delivered to the Customer's home or to a relay point, in accordance with a procedure communicated to the Customer at the time the order is placed.

The Customer's attention is drawn to the fact that the telephone number or e-mail address are considered to be part of the delivery address, as they enable contact to be made with the Customer with a view to ensuring delivery.

15.2.2 CHANGE OF ADDRESS

In the event of a change of delivery address between the subscription of the contract and the actual delivery of the product, this change must be communicated by the Customer to the Supplier. This change cancels the validation of the subscription. The Supplier may then request new supporting documents and/or refuse the order. In the event of validation by the Supplier, this agreement will trigger new delivery times.

If the Supplier accepts the change of delivery address, the date of validation of the change by the Supplier will then serve as the new subscription date.

15.2.3 MOVING

In the event of moving house, the Customer is obliged to inform the Supplier within ten (10) working days, and to communicate the new address where the products will be located, in particular by updating the customer account linked to the rental contract. At the same time, the Customer undertakes to inform the Supplier of any change of address that may occur during the term of the contract.

In the event of moving outside the Supplier's service area, the service being provided exclusively in Metropolitan France excluding French overseas departments and territories, the Customer must inform the Supplier.

In this specific case, the contract will be terminated and the Customer will have to return the product.

The transport of products as part of a removal is not part of the contractual services. It is therefore carried out at the Customer's sole expense, and the Customer alone bears responsibility for it in the event of damage to products owned by the Supplier.

ARTICLE 16 - ELECTION OF DOMICILE

For the purposes hereof, the parties elect domicile at the place of their principal residence and/or their respective registered offices.

15.2.4 DELIVERY DATE

The delivery date depends on the delivery method chosen by the Customer. The delivery time depends on the carrier.

If the Customer is absent when the Product is delivered on the date agreed with them, they will be invoiced for the cost of a new delivery.

The new delivery will only be made once this amount has been paid.

In the case of delivery by Chronopost, the product(s) covered by the rental contract will be delivered within a period determined by the service provider, who will inform the Customer.

Neither party shall be held liable to the other for any delay in delivery caused by the other party following the occurrence of a case of force majeure as usually recognised by the French courts.

The Supplier shall not be held responsible for any delay in delivery caused by the failure of the carrier.

15.2.5 AVAILABILITY

In the event of delivery by a carrier appointed by the Supplier, upon delivery, the carrier appointed by the Supplier shall provide the Customer with a document entitled "Delivery Note" which contains at least the following information: the date on which the product is delivered; the delivery address; the condition of the product.

This document must be signed by the Customer. It certifies that the product delivered conforms to the contract, is in good condition and notifies the date and time of collection by the Customer.

Any reservations concerning the condition of the product must be mentioned on the appearance sheet or the delivery note and must be signed by both the Carrier and the Customer.

It is the Customer's responsibility to check at least the following information: the date on which the product is delivered, the delivery address and the condition of the product before accepting delivery. Once the delivery has been accepted, the product(s) are considered to have been delivered and to be in perfect condition; no returns will be accepted.

In accordance with article L.133-3 of the French Commercial Code, receipt of the Products transported extinguishes any action against the Carrier for damage or partial loss if, within three days, not including public holidays, following receipt, the Customer has not notified the Carrier, by extrajudicial act or by registered letter, of his justified protest.

The Customer is invited to send the Supplier a copy of the notification to the carrier when the latter has been chosen by the Supplier.

15.2.6 TRANSFER OF RISK

The fact that the Customer accepts receipt of the rented product(s) entails de facto transfer of the risks on the products. The Supplier remains the owner of the product(s) but strongly recommends that the Customer insures the product(s) with an insurance company.

15.2.7 - NO RECEPTION

In the event of non-conformity of the product or defective condition as assessed by the Customer :

  • The latter shall refuse the product to the Carrier if this condition is immediately assessed at the time of delivery,
  • The reasons for refusal must be stated on the delivery note,
  • The Customer is invited to notify the Supplier at the following address: contact@lavie.bio within 3 days of delivery with a copy of the signed delivery note.

The Supplier then undertakes to exchange any products that do not comply with the contract.

ARTICLE 16 WITHDRAWAL

Apart from the conditions set out in Article L221.3 of the French Consumer Code, the Customer has a period of seven (7) clear days from the delivery of his order to inform the Supplier of his wish to withdraw, by registered letter addressed to SOLABLE, 8 avenue Fernand Julien 13410 LAMBESC or by e-mail: contact@lavie.bio.

The Customer may use the withdrawal form provided for this purpose at the end of these GTSL.

The Customer must then return the products to the Supplier in their original packaging within 14 clear days (excluding weekends and public holidays) following communication of his/her decision to withdraw. The Customer shall bear the full cost of returning the goods.

The Customer shall be held liable by the Supplier in the event of depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products.

Given the nature of the products, the right of withdrawal cannot be exercised for products that have been unsealed by the Customer after delivery.

The Supplier shall reimburse the Customer for the price of his order at the latest within 30 days of the date on which the Supplier became aware of the Customer's decision to withdraw.

The Supplier may defer reimbursement until the products have actually been returned.

If the Customer exercises his right of withdrawal, his bank account will be credited with the amount of the first instalment paid within a maximum period of fourteen days following the date on which the right of withdrawal was exercised. This reimbursement will be made subject to the effective recovery of the goods by the Supplier.

The right of withdrawal is exercised without penalty, with the exception of the cost of returning the goods.

The Customer may be held liable in the event of depreciation of the product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product(s).

ARTICLE 17 CONDITIONS OF USE

17.1 USE/MAINTENANCE

Throughout the duration of the subscription, the Customer must use the Product under normal conditions of use and maintain it in good working order, in particular by using maintenance products recommended by the manufacturer. The Customer undertakes to inform the Supplier immediately of any anomaly observed in the Products. Any repair costs resulting from a lack of maintenance will be borne by the Customer.

After-sales service is provided exclusively by the Supplier.

The Customer shall refrain from opening, modifying or repairing any equipment by his own means.

Failure to comply with this prohibition shall constitute a breach of the Customer's contractual obligations which may result in the termination of the contract at the Supplier's initiative and to the exclusive detriment of the Customer.

17.2 SUBLETTING OR SALE OF THE PRODUCT

The Customer is hereby informed that the Supplier is formally opposed to any subletting or divestment by the Customer of the property which is the subject of the lease.

The sub-letting of the product which is the subject of the hire, its making available, and even more so its sale by the Customer for the benefit of a third party, or its exchange for another product, are formally prohibited and contrary to the provisions and spirit of the contract, and may give rise to a claim for compensation for the loss suffered by the Supplier.

17.3 ACCESSORIES

The products can be supplied with accessories (electrical connection cable, La Fontaine product tank, etc.).

All accessories must be returned in good condition with the associated product at the end of the contract or as part of a repair by Customer Services.

In the event of non-return, loss or damage to non-warranted accessories, these will be invoiced to the Customer at the rate in force on the day the contract was concluded.

ARTICLE 18 LIABILITY

18.1 INFORMATION CONTAINED IN THE ONLINE SHOP

The Supplier shall use its best endeavours to ensure that the information published in the online shop is accurate and up to date, and reserves the right to modify this information at any time and without prior notice.

However, it cannot guarantee the accuracy, precision or completeness of the information contained in the online shop. Consequently, it declines all responsibility for any inaccuracies or omissions in the information available, as well as all responsibility for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information contained in the online shop.

The Supplier shall not be held liable for hypertext links to other resources on the Internet. Indeed, the Supplier has no means of controlling the Sites connected to its Site, of which the Customer is hereby expressly informed. Consequently, the risks associated with such use shall be borne entirely by the Customer.

Similarly, the photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, the Supplier may not be held liable in the event of an error in one of these photographs or texts.

The Customer is asked to familiarise himself/herself with the technical characteristics and appearance of the products offered before subscribing to the subscription contract, as these alone are decisive for the Customer's acceptance of the offer.

18.2 USE OF THE ONLINE SHOP

Use of and browsing in the online shop are under the Customer's responsibility. The Supplier declines all responsibility and may not be held liable for any damage or viruses that may affect computer equipment or any other material when accessing the Site, using the Site or browsing the online shop, or downloading any content, data, text, images or files from the Site.

18.3 COMPLIANCE

The Supplier markets UV-A water purification systems.

The Supplier declares that it markets products that comply with the applicable French and European regulations in force on the date of delivery of the products.

The Supplier declares that it complies with the waste treatment obligations set out in Law no. 2020-105 of 10 February 2020 on the fight against waste and the circular economy and that it is a member of an eco-organisation.

Compliance with regulations applicable to the product outside the European Union is the sole responsibility of the Customer.

18.4 INSTRUCTIONS AND PRECAUTIONS FOR USE

The Supplier shall enclose an electronic version of the instructions for use with any product ordered by the Customer, by means of a direct Internet link to the following address: https://lavie.bio/notice/

It is essential that the Customer reads and complies with the Instructions for Use before using the products delivered.

The information provided on the products marketed is for information purposes only. Under no circumstances shall it constitute medical information or incur the Supplier's liability.

The Supplier declines all responsibility and may not be held liable for any damage caused to the Customer or to a third party as a result of the Product not being used for its intended purpose.

The total or partial impossibility of using products due to hardware incompatibility shall not give rise to any compensation or reimbursement whatsoever and shall not incur the Supplier's liability.

18.5 CONDITIONS OF USE OF PRODUCTS

The Hiring Customer does not acquire any right of ownership over all or part of the product. These remain the property of the Supplier, whether or not they have been invoiced to the Customer. The same applies to replaced parts and sub-assemblies.

Once the products have been handed over, the risks of legal custody of the products are transferred and the Customer is liable in the event of theft or loss and for any damage caused by the use or possession of the products, until they are returned, with the exception of any damage resulting from a fault on the part of the product or the lessor.

18.5.1 DAMAGE TO THE LEASED PROPERTY

a. Damage attributable to the customer

The Customer assumes full responsibility for this custody and undertakes to take all necessary care and diligence not to damage the rented products and to take all necessary precautions with regard to their use.

This liability refers to any event for which it is responsible (negligence, fault, imprudence, etc.) and which occurs during its ownership and use, whether or not it is covered by insurance guaranteeing its liability to third parties.

Its liability shall extend to the consequences of events that arise during the period of ownership and use but whose harmful consequences only become apparent after the product has been returned to the Supplier.

b. Damage not attributable to the customer

In the event of deterioration, alteration or destruction of the product following the occurrence of an external event beyond the Customer's control (force majeure, act of a third party, etc.), the Customer shall reimburse the Supplier the amount of compensation received by its insurance for the rented product, insofar as the Customer is in no way the owner of the item but has custody of it.

The Supplier urges each Customer to take out any insurance likely to guarantee the protection of its interests. In the event of failure to take out such insurance, the Customer alone shall be liable for any financial loss to the Supplier.

The Customer undertakes to ensure that the Supplier's property rights are respected at all times and at its own expense.

18.5.2 SEIZURE OF THE LEASED PROPERTY

In the event that the goods are subject to seizure, with or without removal, the Customer undertakes to notify the Supplier without delay and to take all steps to ensure that the seizure is declared null and void and that the Supplier is reinstated in the rights attached to its property.

If it has not been possible to lift this seizure for nullity within 7 days, the contract will then be terminated by operation of law to the exclusive detriment of the Customer, who will remain obliged to pay the Supplier a sum equivalent to the value of the product if it has not been recovered by the Supplier.

The Customer shall also be liable for the Supplier to claim from it all the costs of proceedings incurred with a view to having its property rights restored.

18.6 CUSTOMER LIABILITY

The Customer is advised that he/she may not use the equipment hired for any purpose other than that for which it is intended, nor may he/she infringe the common sense safety rules that apply to it.

If the product cannot be repaired, the Customer shall owe the Supplier the full value of the product.

In addition, the Customer is also liable for any logistical costs incurred as a result of the incident.

In all cases, the Customer undertakes to return the rented product(s) to the Supplier in good physical and working condition at the end of the rental period.

If, when the product is taken back, it is found to be in breach of this obligation, any resulting repair costs will be billed to the Customer, as detailed in article 13.2 hereof.

In the event of theft of the rented product, the Customer must inform the Supplier as soon as possible.

It is the Customer's responsibility to lodge a complaint with the Police or Gendarmerie and to file a claim with their insurance company.

The said complaint, as well as all the elements opened with the insurance company (entity, file number, contact person, telephone numbers, etc.) must be sent to the Supplier either by post or electronically.

The Supplier will then contact the aforementioned insurance company and will be responsible for sending it all the information required for compensation.

A new product will be sent to the Customer once the Supplier has been compensated for the damage caused by the theft of the product(s).

The Customer is advised that throughout the duration of this procedure, the rental contract will not be suspended or terminated and that monthly payments will continue to be taken as normal.

Furthermore, the Supplier may not be held liable for the Customer's insurance company correctly paying compensation for the product(s) or for the time taken to pay compensation, unless this refusal to pay compensation was the result of a lack of diligence on the part of the Supplier.

In the event that the insurance company does not pay compensation, the Customer will then owe the Supplier the full value of the product.

For all intents and purposes, the Customer is reminded that as he/she is not the owner of the rental property but only has legal custody of it, he/she is prohibited from disposing of it in any way whatsoever.

Failing this, the Customer will be liable for full reimbursement of the value of the product, notwithstanding any criminal proceedings which the Supplier reserves the right to take.

As a reminder, the Customer is responsible for the confidentiality of his or her account, password, access restrictions to his or her computer and other equipment, and to the extent permitted by applicable law, agrees to accept responsibility for all activities that occur under his or her account or password. The Customer undertakes to take all necessary steps to ensure that his/her password remains confidential and secure.

The Customer is responsible for the validity and completeness of the information provided to the Supplier, and undertakes to contact the company in the event of any change in this information.

ARTICLE 19 SERVICES AND GUARANTEES INCLUDED IN THE RENTAL CONTRACT

19.1 GUARANTEES

The Supplier is liable for defects in the conformity of the Product under the conditions set out in Articles 1720 and 1721 of the French Civil Code.

The Customer is obliged to deliver the Product in a good state of repair of all kinds and must carry out, during the rental period, all repairs that may become necessary, other than rental repairs.

The Supplier guarantees the Customer for all defects or faults in the Product which prevent its use and is obliged to compensate the Customer for the consequences of these defects or faults.

19.2 SERVICES

In addition to the provision of the product covered by the contract, the rental contract includes a set of services, the nature and scope of which are described below:

  • Delivery and return of product(s)in accordance with the provisions of articles 6.2 and 13 of these T&Cs.
  • Customer Service :

In the event of a breakdown of the product, understood as damage affecting its correct operation and originating from an internal phenomenon, the Customer shall contact the Supplier's Customer Service via the email address contact@lavie.bio. In the event of a breakdown, the Supplier will also take charge of the accessories required for the use of the main product, for the entire duration of the rental of the product.

After confirmation of the fault by the Supplier's technical services, the product will be repaired or replaced with a new product of the same reference, or a reconditioned product of the same reference, at the Supplier's discretion.

The Customer undertakes not to carry out the repairs himself and to comply with the instructions given by the Supplier. Failure to do so will render the guarantee offered by the Supplier unenforceable against the Customer.

In the event of repair in the workshop, the products will be taken in charge by expressiste to be sent to a technical station or a prepaid label will be made available to the Customer to send their product to the repair station.

An assessment will be carried out by the Supplier's technical department and repairs carried out by the Supplier if necessary.

For any mode of service, in the event of repair time exceeding 14 days or irreparability of the product and provided that the Customer has done everything possible to make repairs possible, an exchange will be made for an identical product (with the same technical characteristics). The colour of the product does not form part of its technical characteristics.

Throughout the period of intervention by Customer Services, the Customer undertakes to respond to the Supplier's requests within a period of one month, failing which the file will be automatically closed.

19.3 EXCLUSIONS AND LIMITATIONS OF LIABILITY

The Supplier may not be held liable in the event of abnormal use or use of the Product in conditions other than those for which it was manufactured, or use that does not comply with the instructions for use and the precautions for use communicated by the Supplier.

Nor shall it be held liable in the event of negligence or lack of maintenance on the part of the Customer, or in the event of failure to comply with the associated safety and common sense rules.

ARTICLE 20 TERMINATION OF THE LEASE

20.1 TERMINATION IN THE EVENT OF DEATH

In the event of the Customer's death, the rental contract will be terminated automatically, subject to proof being sent to the Supplier.

20.2 TERMINATION OF THE LEASE AT THE CUSTOMER'S REQUEST

The lease is for an indefinite period.

The Customer may decide to terminate the rental contract at any time, subject to ten (10) days' notice. The request to terminate the contract may be made by sending a registered letter with acknowledgement of receipt to SOLABLE, 8 avenue Fernand Julien 13410 LAMBESC, or an email to the following address: contact@lavie.bio

To ensure that the procedure runs smoothly, it is the Customer's responsibility to keep their postal, email and telephone details up to date.

The Customer undertakes to return the product at the end of his commitment.

Any request to terminate the contract will only be validly recorded upon receipt of the product by the Supplier, in accordance with the conditions of article 13.1 hereof. In the event of non-return, the contract will continue and the Customer will continue to be billed until the product is effectively returned.

If the product is not returned, the Customer is advised that he/she will owe the Supplier a flat-rate compensation corresponding to a multiplier applied to the first payment made at the time of subscription, equivalent to twelve (12) times the amount of the first payment.

This amount may be deducted by the Supplier after a period of fifteen days following the end of the contract. The deduction of this indemnity will constitute a fixed and definitive balance for the face value of the product not returned.

20.3 AUTOMATIC TERMINATION FOR BREACH OF CONTRACT BY THE CUSTOMER (RESOLUTORY CLAUSE)

In the event of non-performance by the Customer of any of its obligations under this contract, and in particular in the event of non-payment of the rent, the contract shall be terminated automatically and without any formality if the Supplier sees fit, 15 days after the notification of a formal notice by registered letter with acknowledgement of receipt which has remained totally or partially without effect in accordance with the provisions of articles 1219 and 1226 of the Civil Code, unless this contractual non-performance is due to force majeure within the meaning of article 1218 of the Civil Code and assessed as such by case law.

In this event, the Customer must immediately return the Product(s) to the Supplier at his own expense. The Supplier reserves the right to initiate early recovery of the rented Products.

In addition, the Customer shall remain liable for any unpaid rents that have fallen due and, by way of compensation, for a lump sum equivalent to twelve (12) times the amount of the first rent not increased.

The Hirer, who no longer has the right to use the equipment, remains responsible for it until it is returned and becomes its depositary within the meaning of article 1915 of the Civil Code.

The Supplier reserves the right to use the service provider of its choice to collect its debts.

20.4 UNILATERAL TERMINATION DUE TO A CHANGE IN REGULATIONS

In the event of any new regulation requiring the leased product to comply with new regulatory requirements, the Supplier reserves the right to unilaterally terminate the leasing contract, ipso jure and with immediate effect, without any financial repercussions for the Customer.

The Supplier undertakes to notify the Customer ten (10) days before the contract is terminated. The return of the product(s) will be organised by the Supplier via its carrier, who will contact the Customer directly in order to take back the product(s).

ARTICLE 21 PRODUCT RETURN

21.1 TERMS AND CONDITIONS

Upon termination of the contract by the Customer, and unless expressly agreed otherwise, the Customer undertakes to return the product within seven (7) working days to the following address: SOLABLE, 8 avenue Fernand Julien 13410 LAMBESC.

In the event of unilateral cancellation by the Supplier, the Customer undertakes to make the product available within two (2) to seven (7) working days once the carrier has been appointed, with a view to its collection by the Supplier or its Carrier.

The Customer shall draw up, in the presence of the Supplier or its Carrier, a take-back report recording the physical condition of the product on this date.

This statement is signed by each of the parties. By way of proof, it shall specify the date of return of the product(s) covered by the rental and the date of transfer of risks.

The Customer must be up to date with their monthly payments.

In the same way as for the delivery of the Product, if the Customer is absent when the Product is collected, the Customer will be invoiced for the cost of the missed delivery, at the delivery rate published on the online shop on the day scheduled for collection.

Neither party shall be held liable to the other for any delay in taking back the product caused by the other party following the occurrence of a case of force majeure as usually recognised by French case law.

The Customer may not be held responsible for not attending the appointment if this is due to the fault of the Hirer or a third party.

21.1 TERMS AND CONDITIONS

When the product is returned, it must be in good working order and its wear and tear must only result from normal use.

The product must be returned in a clean condition with all accessories.

Any missing accessories will be invoiced to the Customer in accordance with the price list in force on the day the contract is concluded.

Only slight cosmetic defects will be tolerated, in a state of functional use, with no deterioration, breakage or marked scratches, and no missing components.

The Customer will be invoiced for any damage declared at the time of collection, in accordance with the current rates indicated on the Supplier's website, for the repair, cleaning or recycling of the product.

If the product is damaged and cannot be repaired, the Customer will be liable to pay a flat-rate indemnity corresponding to a multiplier applied to the first instalment paid at the time of subscription, i.e. twelve (12) times the amount of the first rent plus a surcharge.

III. CLAUSES COMMON TO THE SALE AND HIRE OF LAVIE PRODUCTS

ARTICLE 22 SECURING TRANSACTIONS

Transactions carried out on the online shop by credit card are secured by the 3D-Secure (3DS) payment system in conjunction with the Customer's bank. All information exchanged to process the payment is encrypted using SSL protocol. This data cannot be detected, intercepted or used by third parties. The Supplier does not store this data on its computer systems.

3BS is a technical service provider, and does not handle disputes related to contract subscriptions. These must be settled directly with the Supplier and/or the Customer's bank.

The entry of bank card details is secured by the 3DS payment system. The Customer agrees to the use of his/her personal data to issue and store an electronic certificate for the purpose of signing a direct debit mandate online.

ARTICLE 23 INTELLECTUAL PROPERTY AND INFRINGEMENT GUARANTEE

The sale or hire of the Products does not confer any right on the Customer in respect of the trademarks or distinctive signs affixed by the Supplier to the Products and the associated documentation. Furthermore, the Supplier remains the owner of all intellectual property rights, in particular, on patents, photographs, presentations, studies, drawings, models and prototypes produced as part of the supply of the Products.

Consequently, the Customer shall refrain from any reproduction or use, in particular of the said photographs, presentations, studies, drawings, models and prototypes, without the Supplier's express prior written authorisation.

The Supplier holds all intellectual property rights and all necessary authorisations relating to the Products and associated documentation and guarantees that the Products and associated documentation do not infringe the intellectual property rights or any other rights belonging to a third party.

The entire content of the http://lavie.bio website is owned and controlled by the Supplier and is protected by all legislation relating to intellectual property and unfair competition. By content, the Supplier means to protect in particular the structure, appearance, presentation, interface and computer code appearing on the said website.

The Supplier undertakes to defend the Customer and to pay (in particular by way of settlement) and/or compensate the Customer for any damages that may result from any action or claim by a third party relating to the Products or the associated documentation.

Consequently, the Supplier undertakes to intervene in the proceedings at the Customer's first request in the event that the Products or the associated documentation are challenged in court. Should a court decide that the Products or the associated documentation constitute an infringement of intellectual property rights or of any other rights belonging to a third party, the Supplier must then and notwithstanding the Customer's right to claim compensation for any loss resulting from this action and in particular for any damages which the Customer may be required to pay:

  • or obtain, at its own expense and without delay, the right for the Customer to continue to use the Products or the associated documentation,
  • or replace the incriminating elements with new elements approved by the Customer and not contested by third parties.

ARTICLE 24 INSURANCE

Each Party undertakes to take out, at its own expense, the necessary insurance cover to cover the liabilities it incurs as a result of the performance of this contract.

In this respect, the Customer undertakes to take out insurance to cover any damage that may occur to the goods, Products and packaging stored with the Manufacturer.

The Supplier declares that it is the holder of an insurance policy guaranteeing the pecuniary consequences of its liability in tort or under contract which may be incurred in connection with the sale of the Products.

In all cases, the Parties must provide, at the request of either of them, appropriate insurance covering the products until they arrive at the Customer's premises or any other destination agreed by the Customer.

ARTICLE 25 FORCE MAJEURE

Neither Party may be held liable for its delay or failure to perform any of its obligations under these GTSL, if such delay or failure is the direct or indirect result of a case of force majeure understood in a broader sense than French case law, such as :

  • Occurrence of a natural disaster.
  • Earthquake.
  • Stormy weather.
  • Fire.
  • Flooding.
  • Armed conflict.
  • War.
  • Conflict.
  • Attack.
  • Labour dispute, total or partial strike at the supplier's or customer's premises.
  • Labour dispute total or partial strike at service providers carrier post office and public service, etc ...
  • Imperative injunction from the public authorities.
  • Import ban embargo.
  • Operating accident.
  • Machinery breakdown and explosion
  • Fait du prince.
  • Epidemic or pandemic on both a national and global scale.

The Party invoking an event constituting force majeure must notify the other Party within five (5) days of the occurrence of said event. In addition, it undertakes to use its best efforts to limit the consequences of this event.

In the event that an event of force majeure persists for more than ten (10) days, the Parties will meet to determine the conditions under which these GCS will be maintained or terminated.

ARTICLE 26 DATA PROTECTION ACT - PROCESSING OF PERSONAL DATA

The Supplier declares that it complies with Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ( hereinafter referred to as the RGPD); as well as Order No. 2018-1125 of 12 December 2018 issued pursuant to Article 32 of Law No. 2018-493 of 20 June 2018 on the protection of personal data and amending Law No. 78-17 of 6 January 1978 on data processing, files and freedoms and various provisions concerning the protection of personal data.

The Supplier may collect the personal data of the natural person acting on behalf of the Customer, transmitted when the order is placed (via the contact form or order form and the online shop).

The data is collected within the meaning of Article 4(2) of the RGPD.

The Supplier uses the information collected in accordance with Article 5 of the RGPD. The Supplier is authorised to send all information relating to its products and to send its commercial offers to the Customer. The Supplier undertakes to respect the privacy of the natural person acting on behalf of the Customer and to protect the data communicated by that person on the order form.

In accordance with the French Data Protection Act of 6 January 1978, as amended, and Article 15 of the RGPD, the natural person acting on behalf of the Customer has a right of access to his or her personal data.
In accordance with Article 16 of the RGPD, you also have the right to rectify and delete your personal data (Article 17 of the RGPD).

You may exercise this right at any time by sending an e-mail to the following address: contact@lavie.bio, stating your full name, address and the purpose of your request.

ARTICLE 27 APPLICABLE LAW - MEDIATION - COMPETENT JURISDICTION

27.1. Applicable law

By express agreement between the Parties, these GTSL are governed by and subject to French law.

27.2. Prior mediation

Any disputes that may arise concerning the validity, interpretation, performance or non-performance of these GCS will first be submitted to mediation, with the parties choosing to refer any difficulties to the AIX-MED Mediation and Arbitration Centre - 33 Rue Emeric David -13100 Aix-en-Provence, by registered letter or e-mail.

During the mediation period, the parties shall refrain from bringing any legal action against each other for any dispute arising from the interpretation or performance of this agreement.

However, by way of exception, even during the mediation period, the parties may apply to the courts for investigative measures on the basis of article 145 of the Code of Civil Procedure.

Under no circumstances shall the mediator be invested with an arbitration mission. He will carry out his mission with independence, impartiality, neutrality and benevolence in accordance.

Pursuant to article 21-3 of law no. 95-125 of 8 February 1995, the parties have decided to submit the mediation to the principle of confidentiality.

The costs of the mediation shall be borne, by default, equally by each of the parties, or, if they so wish, according to a different breakdown to be agreed in writing.

The parties agree that the mediation will be terminated either :

  • by concluding a mediation agreement subject to the provisions of Articles 1103 et seq. of the Civil Code
  • by the termination of the mediation process at the initiative of one or other of the parties and/or the mediator
  • if the parties fail to reach an agreement on the resolution of their dispute, as determined by the mediator.

27.3. Competent court

If mediation fails, any dispute to which these GTC may give rise, concerning its validity, interpretation, performance and termination, will be subject to the jurisdiction of the Courts of Aix-en-Provence.

ARTICLE 28 ELECTION OF DOMICILE

For the purposes hereof, the Parties elect domicile at the addresses indicated at the top of the Order. Any change must be notified to the other Party by registered letter with acknowledgement of receipt in order to be enforceable against it.

ARTICLE 29 CONTRACTUAL DOCUMENTS

The contractual relationship between the Customer and the Company is governed by the following documents, listed in ascending hierarchical order:

  • The General Terms and Conditions of Sale and Rental and any appendices (including the sample Order)
  • Orders (including via the online shop) or rental subscriptions via the online shop

Customer's signature

"Good for acceptance

Date…. (indiquer la date)[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

APPENDIX 1

Withdrawal form.

(Please complete and return this form only if you wish to withdraw from the contract).

For the attention of SOLABLE SAS with capital of €13,500, with registered office at 8 avenue Fernand JULIEN, 13410 Lambesc (France).

I hereby notify you of my withdrawal from the contract for the rental of the property below:

Ordered on (*)/received on (*): .................................................................................

Consumer name: ...........................................................................

Consumer address: ........................................................................

Consumer's signature (only if this form is submitted on paper)

Date:...................................................

(*) Delete as appropriate.

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