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General rental conditions

Last update: 29 May 2023

Table of contents


GENERAL RENTAL CONDITIONS


PREAMBLE


ARTICLE 1. DEFINITIONS


ARTICLE 2. LEGAL CAPACITY


ARTICLE 3. RENTAL AGREEMENT


3.1 - LEASE SUBSCRIPTION PROCESS


3.2 - CONSENT


3.3 - VALIDATING THE RENTAL


3.4 - RENTAL PAYMENT


3.4.1 RENTAL PAYMENT METHOD


3.4.2 - SUBSCRIPTION PROCESS


3.5 - RENTAL CONTRACT


3.6 - PROOFING AND ARCHIVING


3.7 - PRICE FIXING AND PAYMENT


ARTICLE 4 - TRANSACTION SECURITY


SECTION 5 - OPTIONAL PRODUCTS


ARTICLE 6 - AVAILABILITY OF PRODUCTS


6.1 - AVAILABILITY


6.2 - DELIVERY


ARTICLE 7 - WITHDRAWAL


7.1 - DEADLINE/PRINCIPLE


7.2 - IMPLEMENTATION


ARTICLE 8 - CONDITIONS OF USE


8.1 - USE/MAINTENANCE


8.2 - SUBLETTING OR SALE OF THE PRODUCT


8.3 - ACCESSORIES


ARTICLE 9 - INTELLECTUAL PROPERTY


ARTICLE 10 - LIABILITY


10.1 - INFORMATION CONTAINED IN THE ONLINE SHOP


10.2. USE OF THE ONLINE SHOP


10.3. COMPLIANCE


10.4 - INSTRUCTIONS AND PRECAUTIONS FOR USE


10.5 - CONDITIONS OF USE OF PRODUCTS


10.6 - CUSTOMER LIABILITY


ARTICLE 11 - SERVICES AND GUARANTEES INCLUDED IN THE RENTAL CONTRACT


11.1 - WARRANTIES


11.2 SERVICES


11.3 - EXCLUSIONS AND LIMITATIONS OF LIABILITY


ARTICLE 12 - TERMINATION OF THE LEASE


12.1 - TERMINATION IN THE EVENT OF DEATH


12.2 - TERMINATION OF THE RENTAL CONTRACT AT THE CUSTOMER'S REQUEST


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


12.4 - UNILATERAL TERMINATION DUE TO A CHANGE IN REGULATIONS


ARTICLE 13 - RETURN OF THE PRODUCT


13.1 - TERMS AND CONDITIONS


13.2 - CONDITION OF THE PRODUCT


ARTICLE 14 - NON-WAIVER CLAUSE


ARTICLE 15 - INTUITU PERSONAE


ARTICLE 16 - ELECTION OF DOMICILE


ARTICLE 17 - AMICABLE SETTLEMENT OF DISPUTES - PRELIMINARY MEDIATION


ARTICLE 18 - APPLICABLE LAW AND JURISDICTION


ARTICLE 19 - APPOINTMENT OF SERVICE PROVIDERS


ARTICLE 20 - PERSONAL DATA PROTECTION POLICY


APPENDIX 1

PREAMBLE

These general rental conditions (GTC) apply to all rental contract subscriptions made by any non-professional customer (the "Customer") to the company SOLABLE (the "Supplier"), a simplified joint stock company with a capital of 13.500, having its registered office at 8 avenue Fernand JULIEN, 13410 Lambesc (France), registered in the SALON-DE-PROVENCE Trade and Companies Register under number B811565803, SIRET number: 81156580300012, Intracommunity VAT number: FR40811565803, via the online shop on the https://lavie.bio website, owned by SOLABLE.

The online shop https://lavie.bio offers its customers the possibility of subscribing to the "Club Lavie" service, which involves taking out rental contracts for the delivery and use of electronic water purification products, for regular and private use, as well as a Customer Service service in return for the payment of monthly instalments, the amount of which is defined at the time of subscription according to the price list presented on the online shop.

Any subscription to hire through the online shop presumes knowledge of these general terms and conditions of hire and implies the agreement of the contracting Customer to their entire content.

The Supplier reserves the right to modify these general rental conditions at any time. In this case, only the general rental conditions in force on the day the rental is taken out will be applicable, until the end of the said rental or at any time after the Customer has been informed and accepted the modified general conditions.

These conditions prevail over any other document. Any special condition derogating from or in addition to the T&Cs must be accepted in writing by the Supplier beforehand.

The services offered by the Supplier and detailed herein apply throughout French territory.

ARTICLE 1. DEFINITIONS

Customer :

Non-professional hirer who rents Products from the Supplier.
A non-professional Tenant is any natural or legal person who is acting for purposes that are not part of their commercial, industrial, craft, liberal or agricultural activity.

Products :

All of the Products offered for hire by the Supplier, which appear in the Supplier's online shop. 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.

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 - LEGAL CAPACITY

Acceptance of these general terms and conditions of hire implies that the Customer has full legal capacity.

Alternatively, they must have the authorisation of their legal representative or their guardian or curator in the case of a protected adult.

In addition, the Supplier reserves the right to make rental subject to the presentation of certain supporting documents, copies of which it may keep.

ARTICLE 3. LEGAL AGE AND CAPACITY

The Customer declares that he/she is legally capable of entering into this Contract, the General Terms and Conditions of Sale of which are set out below, i.e. that he/she is of legal age and not under guardianship or curatorship.

ARTICLE 3 - SUBSCRIPTION TO SERVICES

3.1 - 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 6.1), 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.

3.2 - 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.

3.3 - VALIDATING 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.

3.4 - RENTAL PAYMENT

3.4.1 RENTAL PAYMENT METHOD

Payment is made by the Customer using a bank card, an online payment service (Apple Pay, 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. This change must be made no later than 10 days before the next direct debit due date.

3.4.2 - 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 payment does not constitute a deposit, but rather an increased first monthly instalment designed to ensure the Customer's commitment and to 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.

3.5 - RENTAL CONTRACT

3.5.1 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 contract is terminated (article 12).

3.5.2 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.

3.5.3 - DURATION OF THE CONTRACT

The lease is for an indefinite period.

3.6 - PROOFING 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.

3.7 - PRICE FIXING AND PAYMENT

3.7.1 - RENTAL COSTS

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 (see point 3.5.1), 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 (article 5).

3.7.2 - 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 instalments, even non-consecutive instalments (see Article 12.3 Resolutive Clause).

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

ARTICLE 4 - TRANSACTION SECURITY

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.

SECTION 5 - 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. These general terms and conditions of sale 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 6 - AVAILABILITY OF PRODUCTS

6.1 - 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.

In accordance with article 3.1 hereof, 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.

6.2 - DELIVERY

6.2.1 - 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.

6.2.2 - 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.

6.2.3 - RELOCATION

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.

6.2.4 - 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.

6.2.5 - 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.

6.2.6 - TRANSFER OF RISKS

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.

6.2.7 - 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 7 - WITHDRAWAL

7.1 - DEADLINE/PRINCIPLE

From the date of delivery of the goods, and in accordance with the provisions of article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen calendar days in which to exercise his right of withdrawal.

This withdrawal period begins to run from the date of receipt of the goods by the Customer (it being specified that the Customer retains this option prior to any receipt of the product).

Where the fourteen-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The Customer undertakes to make the product(s) available in order to facilitate their return to the Supplier no later than 14 days following the sending of the withdrawal.

The goods will be returned under the same conditions as the delivery and in their original packaging. The cost of returning the goods shall be borne by the Customer and per product.

7.2 - IMPLEMENTATION

The Customer wishing to exercise his right of withdrawal is invited to complete and send the withdrawal form available in the appendix to this document, in PDF format, or to inform the Supplier of his wish to withdraw in an unambiguous statement, by post or by e-mail sent to the address contact@lavie.bio.

The Customer thus has a period of fourteen clear days, from the date of communication of his decision to withdraw in accordance with Article L221-21 of the Consumer Code, to pay the direct costs of returning the goods and to return the goods to the Supplier or to a person designated by him.

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.

If the Customer fails to pay the return costs and/or fails to make the goods available to the Supplier within this period despite several offers of slots from the carrier, the Customer may be invoiced for the new purchase value of the product as indicated in the online shop.

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 8 - CONDITIONS OF USE

8.1 - 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.

8.2 - 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.

8.3 - 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 9 - INTELLECTUAL PROPERTY

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.

All documents, products, texts, comments, information, logos, brands, illustrations and images reproduced or accessible on the entire site are protected under intellectual property law by their owners, both in terms of economic rights and moral rights, and are consequently intended exclusively for private and free use within the family circle within the meaning of 1° of article L.122-5 of the French Intellectual Property Code.

In accordance with the provisions of the French Intellectual Property Code, any representation, distribution or public communication, whether commercial or non-commercial, of these documents, products, texts, comments, information, logos, trademarks, illustrations and images, any total or partial reproduction for other purposes, and more generally any making available to a third party by any means whatsoever, in particular sale, hire, exchange or loan, are strictly prohibited, except with the express prior agreement of the Supplier.

All Documents available or accessible on this Site are the property of the Supplier.

The Customer undertakes not to incite or assist third parties in any way whatsoever to carry out such acts.

The Customer undertakes not to attempt to circumvent or modify the software required to use the service.

The Customer undertakes not to damage, modify or delete the identification and information notices relating to the rights on the audiovisual and sound documents.

The Customer may use the information on the Supplier's products and services insofar as the copyright notice is not removed or hidden. This use will remain exclusively for personal and non-commercial purposes.

Any violation of this article will expose its author to criminal prosecution for counterfeiting in accordance with articles L.335-2 et seq. of the French Intellectual Property Code, without prejudice to civil proceedings that may also be brought, in particular by other holders of rights to the Documents.

ARTICLE 10 - LIABILITY

10.1 - 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.

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.

10.2. 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.

10.3. 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.

10.4 - 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.

10.5 - 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.

10.5.1 - LOSS OR DAMAGE AFFECTING THE RENTAL 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.

10.5.2 - 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.

10.6 - 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 11 - SERVICES AND GUARANTEES INCLUDED IN THE RENTAL CONTRACT

11.1 - WARRANTIES

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.

11.2 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.

11.3 - 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 12 - TERMINATION OF THE LEASE

12.1 - 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.

12.2 - TERMINATION OF THE RENTAL CONTRACT 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.

12.3 - 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.

12.4 - 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 13 - PRODUCT RETURN

13.1 - 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.

13.2 - CONDITION OF THE PRODUCT

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.

ARTICLE 14 - NON-WAIVER CLAUSE

Subject to the mandatory rules of law relating to prescription, the fact that one of the parties does not exercise a right or remedy at the time when it would be entitled to do so, or if it exercises it only partially or with irregularity or delay, shall not be deemed to constitute a waiver of that right or remedy.

As a result, the other party may not refuse to perform all or part of its contractual obligations on time on this ground.

ARTICLE 15 - INTUITU PERSONAE

The Customer is hereby informed that the contracts entered into on https://lavie.bio are entered into with regard to the Customer himself and that consequently the Customer may not transfer all or part of the rights and obligations arising therefrom without the Supplier's prior written consent.

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.

ARTICLE 17 - AMICABLE SETTLEMENT OF DISPUTES - PRELIMINARY MEDIATION

In the event of a dispute or complaint, the Customer is advised to contact Customer Services in order to find an amicable and lasting solution. The Customer may send a complaint to the Supplier's customer service by post to contact@lavie.bio.

In accordance with articles L.611 to L.616-3 and R.612 to R.616 of the French Consumer Code, which provide a framework for the consumer mediation system following the transposition of European Directive no. 2013/11/EU of 21 May 2013 on the out-of-court settlement of consumer disputes, in the event of a dispute relating to an order placed pursuant to these GTC, the Customer has the option of using an alternative dispute resolution method.

In particular, the Customer has the right to have recourse free of charge (excluding any legal and expert fees) to a consumer mediator with a view to the amicable resolution of the dispute between the Customer and the Vendor, provided that (i) the Customer has previously attempted to resolve the dispute directly with the Vendor by means of a written complaint, (ii) the Customer's request is not unfounded, and (iii) the dispute has not already been examined by another mediator or by a court. The Customer has a period of one year from the date of his written complaint to the Vendor to submit his request to the mediator.

If conditions (i), (ii) and (iii) above are met, the Customer may refer the matter to the Centre de Médiation et d'Arbitrage de Paris at the following address: CMAP - 39, AVENUE FRANKLIN ROOSEVELT - 75008 PARIS - France or by completing the form available online at the following address: http://conso.cmap.fr/. For any additional information on the mediation procedure, the Customer may consult the CMAP website (http://www.cmap.fr) or contact the CMAP directly by telephone on 01.44.95.11.40 (price of a local call) or by fax on 01.44.95.11.49.

The Customer may refer the matter to the centre by registered letter or by e-mail.

In accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer may also obtain information and initiate proceedings online via the online dispute resolution platform available at this address address.

ARTICLE 18 - APPLICABLE LAW AND JURISDICTION

The law applicable to the conclusion, interpretation and performance of contracts concluded between the Customer and the Supplier on the https://lavie.bio website is French law.

If the attempt at prior mediation as provided for in article 17 fails, and in accordance with article R.631-3 of the French Consumer Code: "The consumer may refer the matter either to one of the courts having territorial jurisdiction under the Code of Civil Procedure, or to the court for the place where he resided when the contract was concluded or when the harmful event occurred".

ARTICLE 19 - APPOINTMENT OF SERVICE PROVIDERS

The Customer is advised that all service providers and contributors mentioned by name in these general terms and conditions of hire are for information purposes only.

The Supplier reserves the right, at any time, to call on any other service provider or party if it sees fit.

ARTICLE 20 - PERSONAL DATA PROTECTION POLICY

The Supplier's confidentiality and personal data protection policy is available at this page.

If the attempt at prior mediation as provided for in article 17 fails, and in accordance with article R.631-3 of the French Consumer Code: "The consumer may refer the matter either to one of the courts having territorial jurisdiction under the Code of Civil Procedure, or to the court for the place where he resided when the contract was concluded or when the harmful event occurred".

20.1 - PROCESSING OF PERSONAL DATA :

SOLABLE SAS, 8 avenue Fernand Julien 13410 LAMBESC, is responsible for processing Customer data for the purposes of managing the Customer's request and customer relations. This processing is based on the contract between the Supplier and the Customer.

The Customer is hereby informed that any non-payment linked to fraudulent use of a means of payment will result in the registration of the details relating to the associated order in a payment incident file set up by the Supplier.

The Supplier may also contact the Customer by SMS and email for non-advertising purposes (sending the invoice, satisfaction survey, order tracking or customer service).

Personal data concerning the Customer is intended for use by the Supplier and its subcontractors in charge of carrying out the purposes referred to above.

This data will be kept for a period of one year from the end of the commercial relationship.

20.2 - RIGHTS OF ACCESS AND RECTIFICATION

Customers may exercise all the rights they have under the French Data Protection Act (access, rectification, deletion of data, limitation of the processing of such data, opposition to the use of such data, portability of such data, instructions concerning the fate of such data after death) by writing to the above address or by sending an email to contact@lavie.bio.

Customers also have the right to lodge a complaint with the CNIL: www.cnil.fr

20.3 - COOKIES

The Supplier may collect personal information through the use of cookies. The Customer may object to this by deactivating this function. To do so, please refer to the "legal notice - use of cookies" tab.

20.4 - DO NOT CALL LIST

The Supplier does not pass on its customers' contact details for canvassing or canvassing purposes. However, in accordance with articles L.223-1 et seq. of the French Consumer Code, the Customer may at any time register his or her telephone number on the Internet telephone canvassing opposition list on the www.bloctel.gouv.fr website.

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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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