Applicable from 06/05/2023
PREAMBLE - THE PARTS
These general conditions are applicable between Planète Rando, SASU, share capital: €4,000, registered with the RCS of Angers in France on 04/01/2023, under number Angers A 947961223, head office: 24 Chemin des Vieux Ponts, Corné, 49630 Loire-Authion, FR, telephone: +33986303120, intra-community VAT number: FR45947961223, hereinafter “the Publisher” and any person, natural or legal, private or public law, registered on the Site to purchase a Product, hereinafter “the Customer”.
The purpose of these general terms and conditions of use (GCU) is to define the terms and limits of access and use of the website (hereinafter the "Site"). Any access to the Site and/or use of the website implies acceptance and compliance with all the terms of these conditions and their unconditional acceptance. They constitute a contract between PLANETE RANDO and the customer who accesses the website, whether or not they have previously registered and whether or not they have created an account on the website (hereinafter referred to as "THE USER" or "USERS").
ARTICLE 1 – SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these general terms and conditions. Simply connecting to the Site, by any means whatsoever, including through a robot or a browser, will imply full and complete acceptance of these general terms and conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user also acknowledges having fully understood them and accepts them without restriction.
Checking the above box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
PLANETE RANDO provides leisure and sports equipment on its website and a USER rents this equipment for a limited period ( hereinafter referred to as the “RENTER” )
This contract is concluded for an indefinite period from the date of use of the website by the Client.
PLANETE RANDO reserves the right to update the website and the general rental and sales conditions at any time, without retroactive effect, or to supplement them with new additional contractual conditions. Therefore, USERS are advised to regularly consult the general rental and sales conditions to refer to the latest version in force.
In the event that the USER does not wish to accept all or part of these general conditions, he/she is asked to refrain from any use of the Site.
ARTICLE 2 – DEFINITIONS
- “ Client ”: any person, natural or legal, private or public, registered on the Site.
- “ Site Content” : elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
- “ The Publisher ”: SASU Planète Rando in its capacity as publisher of the Site.
- “ Internet user ”: any person, natural or legal, private or public, connecting to the Site.
- “ Product ”: goods of any kind sold on the Site by the Publisher to Customers.
- “ Site ”: website accessible at the URL www.planete-rando.fr as well as the sub-sites, mirror sites, portals and URL variations relating thereto.
- “ User ” means any person who accesses and browses the site.
- “ The tenant ” means any person who reserves a rental with PLANETE RANDO.
ARTICLE 3 – PURPOSE OF THE SITE
The website operated by PLANETE RANDO aims to rent and lease leisure and sports equipment between the company Planète Rando and individuals (B2C) and between PLANETE RANDO and professionals (B2B)
The rental transfers to the Tenant a personal right of use relating to the equipment or accessory in question. To ensure this effective use, PLANETE RANDO must necessarily make the material or equipment available to the Tenant, who owns it and acquires control over it. This rental therefore differs from sale and usufruct.
ARTICLE 4 – RENTAL AND SALE PROCESS
4.1. Equipment offered for rental
PLANETE RANDO buys new or used sports equipment (in very good condition)
Upon receipt of the equipment, PLANETE RANDO:
- Check the condition of the product;
- Select the rental amount;
- Add the description and take the photographs;
- Uploads the material to the website
4.2. The order
Ordering equipment or an accessory requires the following information in particular:
- Hardware reference;
- Duration of the rental;
- Rental price;
- The amount of the security deposit (deposit) corresponds to the new purchase value of the rented equipment;
- Date by which the equipment or material must be returned.
The order will only be shipped once the security deposit has been blocked ( please ensure you have the necessary funds ) and the credit card payment has been honored by the RENTER.
4.3. Unavailability of equipment
In the event of unavailability not reported , the tenant is informed (by e-mail or telephone) after placing their order, PLANETE RANDO is obliged to offer them another product of similar quality, of the same size but not necessarily of the same brand.
If the tenant refuses this new item, the order will be automatically cancelled free of charge. The tenant will be able to make a new reservation at no additional cost.
When the equipment is rented, PLANETE RANDO:
- Checks the integrity and condition of the equipment;
- Records and photographs any damage to the rented equipment;
- Complete the inventory form;
- Prepare the package in a reusable bag;
- Ships the equipment to the RENTER, according to the delivery method chosen.
When the Renter receives his equipment, he checks the condition, if it is in accordance with the inventory transmitted by PLANETE RANDO, the User accepts the delivery, without reservation. If the condition is not in accordance with the inventory, the renter must inform PLANETE RANDO by e-mail location@planete-rando.fr of the receipt of the product.
4.4. Size problem
In the event of a size problem , the tenant must report it to PLANETE RANDO within 24 hours of receiving the package by email location@planete-rando.fr or by telephone.
PLANETE RANDO undertakes to offer the equipment in another size and in the same price range depending on stock availability.
If the tenant accepts the proposal, PLANETE RANDO undertakes to return the equipment within 24 hours and the tenant must pay the costs of €15 including tax corresponding to the delivery and management costs.
If the tenant chooses equipment in a different price range, the price difference is their responsibility, as well as the shipping costs of €7.50 including tax.
4.5. Return and end of rental
At the end of the rental period, the Renter returns the equipment to PLANETE RANDO in accordance with the terms and conditions described on the Site. To do this, the Renter uses the packaging provided and takes care to correctly affix the prepaid label provided by PLANETE RANDO.
The return must include a reporting form specifying any damage, even minor, to the condition of the equipment.
Upon receipt of the equipment, PLANETE RANDO:
- Checks the condition of the rented product;
- Return or not the deposit depending on the condition of the returned rental equipment ( see paragraph below )
- Cleans and disinfects equipment thoroughly
- Rents out the equipment
4.6. Loss, theft or damage to equipment
In the event of loss, theft, or damage to the rented equipment, the tenant agrees to notify PLANETE RANDO by email location@planete-rando.fr or by telephone at +33 09 86 30 31 20
As soon as the case of loss or theft is discovered, the tenant must provide a declaration as soon as possible.
In the event of loss, theft or total damage, 100% of the deposit may be retained by PLANETE RANDO.
Furthermore, in the event of damage to the rented equipment, the tenant is prohibited from carrying out repairs by his own means or from having them carried out.
Upon return, the PLANETE RANDO company will carry out a check.
Any return of a part in a condition different from that loaned is understood as damage.
Any damage noted upon receipt will be notified to the Tenant directly by email in the event of return by parcel or carrier.
4.7. Special case of textiles
In the event of simple damage ( fallen or lost button, undone seam or hem, stain linked to normal use of the garment ), the tenant will not be charged a penalty.
In the event of partial or serious damage to one or more items beyond normal use ( hole in the fabric, cigarette burn, multiple stains from drinks, food, humidity, mud, snags, tears, etc. ) PLANETE RANDO will charge the tenant a supplement for the restoration of the item corresponding to the cleaning or alteration costs and a fixed fee of 20 euros including tax for processing costs.
This amount will be deducted from the deposit.
In order to cover itself against the risks of partial damage to the rented equipment(s) and accessory(ies), the company PLANETE RANDO offers the RENTER the possibility of subscribing to a PEACE OF MIND GUARANTEE .
4.8. Special case of tents
Tents (single-roof tent / double-roof) or hammocks / tarps must be returned:
- dry,
- the inside of the tent cleaned of all debris, dust, sand, earth, etc.
- The exterior (under the tent) must be left clean as it is protected by the groundsheet provided for this purpose. (applicable if groundsheet/emergency blanket provided)
- with the same equipment as when delivered (hoops, ropes, stakes, etc.)
ANY FAILURE TO COMPLY WITH THESE RULES WILL RESULT IN AN ADDITIONAL CLEANING CHARGE AND/OR REPLACEMENT OF LOST EQUIPMENT.
For example:
- “Intensive” cleaning of the inside of the tent: from €10 to €50 depending on the level of dirt and the size of the tent
- “Intensive” cleaning of the tent’s double roof: from €10 to €50 depending on the level of dirt and the size of the tent
- “Intensive” cleaning of the exterior of the tent: from €10 to €50 depending on the level of dirt and the size of the tent.
- Loss/breakage of hoops: from €15 to €100 depending on the type of hoops.
- Loss/breakage of stakes: from €1 to €10 depending on the type of stake.
- Loss/breakage of cord: from €5 to €15 depending on the type of cord.
The PEACE OF MIND GUARANTEE , which covers minor damage and accidental soiling, would be deducted from these penalties.
4.8. Minimum rental period
Rentals are for a minimum of two days. If you wish to rent for less than two days, please contact us at location@planete-rando.fr
ARTICLE 5 – MAIN OBLIGATIONS OF THE TENANT
The Tenant undertakes in particular:
- To provide PLANETE RANDO with personal data that is not false or fanciful, in particular concerning his/her surname, first name, postal address, actual telephone number and email address;
- Not to seek to grant any property rights over the material;
- To acknowledge full ownership of the equipment of the company PLANETE RANDO;
- Not to sublet the equipment and not to assign its rights and obligations to a third party;
- To keep custody of the equipment in case it causes damage to a third party;
- To return the equipment within the time limit set on the Site at the time of the order, under penalty of activation of the late penalties described herein;
- To repackage the order with the original packaging and seal the package with the adhesives and labels provided for this purpose;
- Always request proof of deposit upon return (deposit at a Relay Point or deposit upon receipt)
- To keep the equipment in good condition, repairs being the responsibility of the Tenant;
- To return the equipment in the condition in which it was made available to him;
- To use the equipment only for personal use if he is a Consumer Tenant;
- To deposit a deposit corresponding to the value of the equipment estimated by PLANETE RANDO and brought to the attention of the Tenant before the order.
ARTICLE 6 – AVAILABILITY OF SERVICES
The Site is available in any location, provided that the minimum technical conditions are met, particularly in terms of access to the mobile telephone network, Internet network and technical compatibility of the equipment used.
PLANETE RANDO can never be held responsible for the inaccessibility of the Site for technical reasons.
6.1. Registration conditions
To validate his registration, the User must accurately complete all mandatory fields in the registration form.
Only one account per User is authorized and any attempt at fraud may result in the deletion of their account.
The User has a personal space after registering on the Site.
The account may be terminated by PLANETE RANDO at any time and without notice due to abusive, fraudulent or illicit use of the Site's services and contents.
The User may terminate his registration at any time by respecting the terms described on the Site.
6.2. Subscription
The website does not include a paid subscription plan.
ARTICLE 7 – ORDERS AND PAYMENTS
7.1. Orders
Orders are made exclusively online via the website or via the service https://location.planete-rando.fr/ via the Booqable application.
Validation of the order constitutes acceptance of these General Rental and Sale Conditions.
All stages of the rental are clearly identified on the Site, in accordance with the provisions of article 1369-1 of the civil code.
In accordance with these provisions, the User has the possibility of checking the details of his order and its total price and of correcting any errors before definitively validating his order.
The order is only definitively registered after validation by the User of his payment agreement and acceptance by the bank of the transaction.
PLANETE RANDO declines all responsibility in the event of non-validation of the order, without any possible recourse on the part of the User.
As soon as the order is registered, the User receives a confirmation email containing the essential elements of the order.
The tenant will receive a rental agreement by email detailing the dates and terms of the reservation. The TENANT agrees to abide by this agreement, sign it, and return it by email to location@planete-rando.fr within 10 days of the reservation start date.
All data provided by the User during the ordering process and the recorded confirmation of this order constitute proof of the transaction.
PLANETE RANDO reserves the right to refuse any order from a User with whom there is a dispute relating to the payment of a previous order until this dispute is resolved.
NB: Does not apply to professional clients or group requests which are subject to specific processing.
7.2. Delivery
PLANETE RANDO does not guarantee delivery of your orders. We work with carriers (Colissimo, DPD, Chronopost, DHL, etc.) who recommend a delivery time of 24-48 hours for home delivery and 3 to 5 days for delivery to relay points.
The dates you indicate are dates when you wish to have the equipment. These are therefore full days when you can have the equipment. We will therefore deliver to you before ( at least 1 day before ) and the return will be made after ( from 24h / 48h at the latest from the end date or on D+X of the 1st available working day ).
We aim to ship orders within a certain timeframe ( usually 3 to 5 days) before the first day of rental. This is sufficient time for you to receive them at least 24/48 hours before your first day of rental.
We undertake to do everything possible to ensure that the carrier respects the given deadlines, but PLANETE RANDO declines all responsibility in the event of a delay in delivery due to incidents (strikes, bad weather) or any other problem which is the responsibility of the carrier and is not liable for any compensation in this regard.
Any delay due to a delay in depositing the deposit or signing the contract by the tenant is not the responsibility of PLANETE RANDO.
Packages must be returned using the packaging provided for this purpose by PLANETE RANDO. Under no circumstances should the customer return the equipment in packaging of their choice without notifying PLANETE RANDO and receiving written confirmation from them. Failure to comply with this rule may result in penalties, including reimbursement of the equipment if it is damaged or lost.
The customer agrees to select the correct delivery method. If the correct delivery method is selected, PLANETE RANDO will contact the customer to notify them and request that they adjust the method or pay the difference.
7.2.bis When goods are received, a check must be carried out
Reservations are the written observations on the transport document at the time of delivery which aim to note the existence of damage to the transported goods. In fact, reservations make it possible to establish that the damage did indeed occur during transport and thus activate the insurance .
The reservations must be clear and precise as to the nature and extent of the damage. We also advise you to date them, sign them and take photos .
For example :
- Indentation in the upper right corner
- Hole on the left lateral side
- Tear in the center of the package
- 1 out of 2 damaged packages
The issuance of reservations is mandatory for claims procedures with many carriers or with our insurance provider. Without reservations, the carrier may consider that the recipient's delivery was compliant.
Take a photo and keep a copy of the reservations made by the carrier.
Example of CVG Chronopost: “Upon delivery, damage or loss of contents must be the subject of written, precise, complete, dated and signed reservations on the delivery slip by the recipient.”
NB: Does not apply to professional clients or group requests which are subject to specific processing.
7.3. Return
The return is made by deposit at a Relay Point or collection by our carrier. The return must be made the next morning or 48 hours at the latest ( or failing that, the 1st working day ) after the last day of rental.
Regardless of the delivery method chosen, packages must follow the same procedure :
- Reuse the packaging provided (Repack) with all the rented items inside, don't forget the accessories!
- Tape the package all around, make sure it cannot be opened;
- Affix the return label ( provided free of charge ) in a clearly legible manner over the tape and on the flap to secure the opening of the package.
In the case of a deposit at a Relay Point , it is imperative to request proof of deposit and keep it. In the event of a dispute, this will represent the only proof that you made the deposit.
Important : any failure to comply with these rules will result in a penalty of €10 per package, particularly in the event of loss or theft of equipment during return transport.
In the case of collection by our transport, proof of deposit is also required upon receipt ( or other place where you drop off the package )
NB: Does not apply to professional clients or group requests which are subject to specific processing.
7.4. Payments and cancellation
Payment is made at the time of ordering on the Site.
In the event that the order has not yet been cancelled, the tenant may cancel an order up to 15 (fifteen) days after the order date . In this case the amount of the order will be fully refunded by the Site.
From the 16th day after the order date, the entire amount of the order will remain acquired by PLANETE RANDO.
In order to cover itself against last-minute cancellations, PLANETE RANDO offers the Renter the possibility of subscribing to a CANCELLATION GUARANTEE per day and per rented equipment which allows them to cancel their order up to 24 hours before the shipping date without penalty ( i.e. approximately D-7 before the shipping of their order ).
Once the order has been shipped, it is no longer possible to cancel the order and the amounts collected will not be refunded.
The different payment methods are specified on the Site.
PLANETE RANDO reserves the right to modify its prices at any time, but services will be billed based on the rates in effect at the time orders are placed.
A deposit, equal to the new value of the rented product(s) indicated on the product sheet, will be requested once the order has been validated. The package can only be shipped once the deposit has been paid and the rental contract signed . PLANETE RANDO declines all responsibility for delays in shipping the order if the rental contract is not returned within the time indicated or if the blocking of the security deposit funds does not work ( credit card expired for example ).
If the tenant does not receive the acknowledgment of receipt by email, it is their responsibility to contact PLANETE RANDO at the following email address: location@planete-rando.fr
7.5. Creation of a customer account
With each order, the tenant has the option to create a customer account (optional) to facilitate order management and the placement of future orders. The customer can also order as a guest without creating a customer account.
Creating an account requires you to provide profile information
- First and last name
- mailing address,
- e-mail address
- phone number.
- Delivery addresses
When the first order is placed, the payment method is entered, the data is encrypted, stored and managed by the payment solution ( Paypal, Stripe ). Under no circumstances does PLANETE RANDO have access to banking information.
7.6. Delays
The tenant agrees to return the rented equipment the next day before 11 a.m. on the last day of rental. Confirmation from the Post Office or the relay point is proof.
For each day of delay in returning the rental property by the Tenant, in addition to the rental value, a penalty equal to €15 per day of delay is applied from the rental end date defined when ordering.
Without justification or communication from the customer, the entire deposit may be collected by PLANETE RANDO after 6 days of delay.
You are not responsible for any delays due to transport. If you have a problem dropping off your package on the day specified in your order, please contact us at location@planete-rando.fr.
7.7 Withdrawal
In accordance with Article L121-21-8 of the Consumer Code resulting from law n°2014-344 of March 17, 2014:
“The right of withdrawal cannot be exercised for contracts for the supply of services fully performed before the end of the withdrawal period and the performance of which began after the express prior agreement of the consumer and express waiver of his right of withdrawal (…).”
On the website and at the time of ordering, the user expressly waives his right of withdrawal .
7.8. Special case of professional and group clients
For group requests (professional or individual) which require special processing of the request and service, the following conditions apply and replace those provided for in the standard operation
- A 50% deposit is due upon signing the quote, with the balance due upon finalizing the order or 7 days before shipment. PLANETE RANDO reserves the right to choose when to pay the balance. If the time between signing the quote and the first day of rental is less than 30 days, the full amount of the service will be charged.
- The products are blocked (in stock) upon receipt of the deposit.
- Delivery and Return transport is not included in the basic rate, it is chargeable.
- PLANETE RANDO carefully selects its “Transport” service providers but cannot be held responsible for any delay or non-delivery of the order if it is not handled by them. Consequently, PLANETE RANDO declines all responsibility in the event of a delivery delay due to strikes, bad weather, or any other problem that is the responsibility of the carrier and is not liable for any compensation in this regard.
- In the event of cancellation, the deposit is retained, but can still be used as credit for a future order.
- In case of cancellation after payment of the balance: if this is retained (but transferable as a credit note) if the cancellation occurs before d-30 (before shipment) it can be returned if PLANETE RANDO has not had to incur any costs.
- In the event of cancellation on D-6 (before shipment): all receipts are retained.
- The conversion into credit and the reimbursement can only be made with the agreement of both parties: professional clients and the company PLANETE RANDO.
- Returns are made as specified in the quote. If there is no special mention, then the standard conditions (see section: delivery and returns) apply.
- Any delay will be invoiced per day of delay based on the estimate.
- The customer agrees to check the quantities and condition of the rented items. In the event of a dispute regarding the inventory provided by PLANETE RANDO, the customer must notify the customer by email: location@planete-rando.fr, providing all the elements ( items, reference, quantities, photos and descriptions ).
- The customer agrees to return the rented items with an exhaustive list and indicating any notable elements (damage, loss, etc.)
- Any loss, damage, deterioration will give rise to a claim/invoicing.
- In the event that a deposit is not requested, any damage, deterioration or loss will be invoiced subsequently.
- The reference base is the replacement price of the current equipment plus a 10% increase to cover the costs inherent in the replacement (management of files, stocks, etc.)
NB: Shipping can be done up to 7 days before the first day of rental.
ARTICLE 8 – FINANCIAL CONDITIONS
8.1. Rental rates
The prices for rental, deposit and delivery of equipment are indicated on the PLANETE RANDO website.
Rental prices are indicated per day based on 8 days of rental ( average rental duration observed ).
NB: Does not apply to professional clients or group requests which are subject to specific processing.
8.2. Delivery rates
Delivery prices for mainland France:
- The cost of delivery and return to the relay point are included in the rental price.
- The cost of home delivery (or postal address) is additional and indicated on the site when choosing the delivery method.
The prices of PLANETE RANDO's services are those in effect on the day the User places the order.
The prices indicated in the electronic acknowledgment of receipt of the order are inclusive of all taxes (TTC).
Prices are calculated net and without discount.
All deliveries to Corsica or abroad will be subject to a contribution that may be requested after finalizing your order. If you do not agree to pay this contribution or if payment is not made within 24 hours after the payment request is issued, the order will be canceled and fully refunded.
Transport contribution to Corsica: €25 including tax
Transport contribution for Europe: €40 including tax
NB: These delivery rates do not apply to professional customers or group requests which are subject to specific pricing.
8.3. Caution
A deposit ( security deposit ) is required when booking on the PLANETE RANDO website. The deposit amount is not debited; it is a bank imprint.
The amount of the deposit is defined by PLANETE RANDO and corresponds to the amount of new equipment.
NB: in the case of rental of a pack, the value of the deposit corresponds to the new purchase value of all the items that can make up the pack.
The deposit is paid by bank imprint via the Stripe or Paypal payment platform. PLANETE RANDO has no access to the tenant's bank details under any circumstances.
As a reminder, this amount is not debited.
Alternatively, with the tenant's written consent, PLANETE RANDO may use one of the payment methods provided by the tenant as an alternative to the deposit. PLANETE RANDO undertakes to expressly request the tenant's written authorization to use the payment method for the purpose of guaranteeing the deposit. While the procedure remains the same, the maximum amount of the deposit may not exceed the replacement value of the rented items.
NB: Does not apply to professional clients or group requests which are subject to specific processing.
ARTICLE 9 – WARRANTY
PLANETE RANDO is only bound by an obligation of means towards the User and provides no guarantee, express or implied, including any guarantee of quality and suitability for a particular use of the services provided to the User.
ARTICLE 10 – INTELLECTUAL PROPERTY
The presentation and content of the Site together constitute a work protected by the laws in force on intellectual property, of which PLANETE RANDO is the owner.
Any reproduction, in whole or in part, is systematically subject to the authorization of the company PLANETE RANDO.
10.1. Copyright
The texts, images, drawings and layout as well as the graphic charter of the internal site are protected by intellectual property law.
It is prohibited to copy, extract, distribute or modify the content of the Site for commercial purposes. Downloading and printing of text, images and graphic elements is authorized for private and non-commercial use only. The reproduction of drawings, images, sound documents, video sequences and texts in other electronic or printed publications requires the prior written consent of PLANETE RANDO.
Failure to obtain authorization is punishable by the offense of counterfeiting.
10.2. Trademarks
The brands and logos appearing on the website are registered and protected trademarks.
Any total or partial reproduction of the brands and/or logos present on the Site, carried out from the elements of the website without the express authorization of the company PLANETE RANDO constitutes an infringement punishable by articles L.713-2 and following of the Intellectual Property Code.
11.3. Databases
The databases established by PLANETE RANDO are protected by copyright as well as by the law of July 1, 1998 transposing into the Intellectual Property Code the European directive of March 11, 1996 relating to the legal protection of databases.
Unless otherwise authorized in writing by PLANETE RANDO, any reproduction, representation, adaptation, translation and/or modification, in part or in full, as well as any substantial qualitative or quantitative extraction to another Site is prohibited and punishable by Articles L.343-4 et seq. of the Intellectual Property Code.
11.4. Grant of license to exploit copyright and image rights
By uploading content to the website, the User automatically grants PLANETE RANDO an operating license for this content for the purposes of managing the Site, worldwide and for the duration necessary for the rental offer. The User expressly authorizes PLANETE RANDO to use this content in anonymous form for the purposes of testimonials and articles integrated into the Site.
The User finally declares that the copyright thus granted does not infringe the rights of third parties and is not the subject of any claim.
The User guarantees PLANETE RANDO against any claim of any nature whatsoever which could arise in respect of the ownership of the rights granted, whether in respect of intellectual property rights, as well as in respect of image rights or in respect of unfair competition or parasitism and undertakes to reimburse PLANETE RANDO for any sums to which it would be ordered to pay in this respect.
ARTICLE 11 – PLANETE RANDO RESPONSIBILITY
11.1. Access to the Site:
The website is in principle accessible 24 hours a day, 7 days a week; however, PLANETE RANDO declines all responsibility, without this list being exhaustive:
- In the event of interruption of the site for technical maintenance operations or updating of published information.
- In the event of temporary inability to access the Site (and/or the websites and applications linked to it) due to technical problems, whatever their origin and source.
- In the event of unavailability or overload or any other cause preventing the normal operation of the mobile telephone network used to access the Site.
- In the event of contamination by possible computer viruses circulating on the network.
- More generally, in the event of direct or indirect damage caused to the User, whatever the nature, resulting from access to, or use of, the Site (and/or the sites or applications linked to it)
- In the event of abnormal use or illicit exploitation of the Site
- In the event of loss by the User of his/her username and/or password or in the event of identity theft.
11.2. Content posted on the Site by Users
PLANETE RANDO is not responsible for the creation of the content posted online on the Site by Users, which is distributed under the exclusive responsibility of the User.
As PLANETE RANDO does not carry out any a priori moderation of the content posted online by Users, it cannot be held responsible for any content that is illicit, contrary to good morals or constituting any infringement of the rights of others, in particular intellectual property rights or the processing of personal data.
PLANETE RANDO cannot be held responsible for exchanges between Users on the Site.
PLANETE RANDO cannot be held responsible for any content appearing on the Site or sent from the Site by any third party.
Thus, with regard to the legal qualifications defined by article 6 of the Law for Confidence in the Digital Economy (LCEN) of June 21, 2004, as amended, PLANETE RANDO is qualified as host for the content put online by Users on the Site.
PLANETE RANDO is therefore not responsible a priori for the content of Users and does not bear any obligation to monitor this content.
11.3. Public content of the Site:
Despite the greatest care taken in creating and updating the website, PLANETE RANDO cannot provide any guarantee, express or implied, concerning the information contained in the Site of which it is the author.
Consequently, PLANETE RANDO cannot be held responsible for any damage, direct or indirect, resulting from any errors, inaccuracies or omissions in the information contained in the Site.
11.4. Force majeure:
PLANETE RANDO cannot be held responsible, or considered to have failed to comply with these general rental and sale conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals, including the interruption, suspension, reduction or disruption of electricity or other services or any interruptions to electronic communications networks or in the event of events beyond its control.
11.5. Intervention by PLANETE RANDO:
PLANETE RANDO reserves the right to modify the terms, conditions and notices herein at any time, particularly in the event of technical, legal or jurisprudential developments or when implementing new services.
The User is therefore advised to regularly consult the latest version of the conditions of use available on the Site.
Continued use of the Site as these terms of use are modified constitutes acceptance by each User of the general rental and sales conditions in force.
ARTICLE 12 – USER RIGHTS AND RESPONSIBILITY
12.1. Responsibility:
Use of the Site is the sole and entire responsibility of the User.
The User is solely responsible for the information he communicates from the Site.
In the event of abnormal use or illicit exploitation of the Site, the User is solely responsible for any damage caused to third parties and the consequences of any claims or actions that may result therefrom.
The User also waives the right to exercise any recourse against PLANETE RANDO in the event of legal action brought by a third party against it due to the illicit use and/or exploitation of the Site.
The User undertakes, in general, to comply with all regulations in force in France.
12.2. Contents:
Users agree not to use the Site for:
Post, transmit, share, store or otherwise make available any content that is contrary to public order, harmful, threatening, illegal, defamatory, unauthorized, abusive, insulting, malicious, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, inciting violence, racial or ethnic hatred or otherwise objectionable;
Create multiple accounts or impersonate a third party;
Transmit any material that contains computer viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, computer equipment or electronic communications;
Post, transmit, share, store or otherwise make available any content that constitutes, encourages or provides instructions on how to commit a criminal offense, violates the rights of any third party or may otherwise create liability for any third party or violate any local, national or international law.
The User is solely responsible for the content that he/she integrates into the Site, in particular any content that may be offensive or illegal or likely to infringe the rights of third parties.
12.3. Access and security:
It is the responsibility of each User to take all appropriate measures to protect their own data and/or software stored on their mobile or computer equipment against any attack.
The User has the right to consult his data hosted on the Site and any other information concerning him free of charge.
The password is personal and confidential. The User is solely responsible for it. The User undertakes not to disclose it to third parties and to take all necessary precautions to prevent third parties from gaining access to it.
The User undertakes to notify PLANETE RANDO without delay in the event of loss or use of his password.
Failing this, and unless proven otherwise, any connection or transmission of orders or data made using the password will be deemed to come from the User and will be under his/her exclusive responsibility.
To be taken into account, the User's complaints must be sent to the following email address: hello@planete-rando.fr
12.4. User's personal data:
PLANETE RANDO asks all Users to provide a certain amount of personal information ( surname, first name, postal address, email address, telephone number, etc. ) in order to be able to identify them or simply to guarantee the uniqueness of their personal access.
In accordance with the provisions of Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms, the automated processing of personal data carried out from the Site has been declared to the National Commission for Information Technology and Freedoms (CNIL).
The User has the right to object, access, and rectify their personal data at any time. To do so, simply send your request by email to: hello@planete-rando.fr
In accordance with Article 6, 5° of Law No. 78-17 of 6 January 1978, as amended, personal data are only kept in a form permitting identification for a period which does not exceed the period necessary for the purposes for which they are collected and processed.
Personal data is only accessible to authorized personnel.
In the personal data collection forms, the User is informed in particular of: the identity of the data controller, their rights over the personal data, the recipients, the purpose of the processing and the mandatory or optional nature of their responses.
PLANETE RANDO implements processing on anonymous data from the User's Personal Data for statistical purposes.
ARTICLE 13 – SPECIFIC CONDITIONS OF USE OF THIRD-PARTY PLATFORMS AND TOOLS.
In addition to these General Conditions, Users undertake to comply with the General Conditions of the platforms allowing access to the Site and third-party tools used by the Site.
The use of these third-party platforms and tools by Users results in the collection and processing of personal data for which PLANETE RANDO cannot be considered as the data controller as defined by Law No. 78-17 of January 6, 1978, as amended, relating to information technology, files and freedoms.
ARTICLE 14 – HYPERTEXT LINKS
PLANETE RANDO specifies that the use of hypertext links may lead the User to other websites or applications, independent of the Site.
Hypertext links established towards other sites or applications from the Site cannot, under any circumstances, engage the responsibility of the company PLANETE RANDO.
Likewise, the insertion of hypertext links to all or part of the Site is authorized, on a non-exclusive basis and revocable at any time, without PLANETE RANDO having to provide any justification, and provided that this link cannot create a misleading, false, pejorative character against the Site or one that could be prejudicial to it.
Under this authorization, PLANETE RANDO reserves the right to object.
PLANETE RANDO cannot be held responsible for any direct, indirect or incidental damage resulting from access to or use of information from third-party sites.
ARTICLE 15 – CONFIDENTIALITY
The parties undertake to keep strictly confidential the information exchanged and all documents and elements produced within the framework of the execution of the contracts concluded between them.
The User undertakes not to use the data from the services provided by PLANETE RANDO for purposes other than those provided herein.
During and at the end of the execution of the services of the company PLANETE RANDO, the User undertakes not to disclose to third parties, without the authorization of the company PLANETE RANDO, the methods and tools which are the exclusive property of the company PLANETE RANDO.
ARTICLE 16 – INDEPENDENCES OF CLOSES
If any part of these general rental and sale conditions should be found to be null, invalid or unenforceable for any reason whatsoever, the term or terms in question shall be declared non-existent and the remaining terms shall retain their full force and scope and continue to be applicable. The terms declared non-existent shall then be replaced by the terms which come closest to the content and meaning of the cancelled clause.
ARTICLE 17 – APPLICABLE LAW AND ATTRIBUTION
17.1. For Consumer Users:
In accordance with the preliminary article of the Consumer Code resulting from law n° 2014-344 of March 17, 2014 relating to consumption, a consumer is considered to be any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity.
These general rental and sale conditions are exclusively subject to French law.
Any dispute (including preliminary disputes) will be subject to the jurisdiction of the courts designated as competent pursuant to Article L.141-5 of the Consumer Code.
17.2. For Non-Consumer Users:
These general rental and sale conditions are exclusively subject to French law.
In the event of a dispute relating to the interpretation, execution or validity of these T&Cs, the parties will endeavor to find an amicable solution. Failing this, the dispute will be submitted to the competent courts within the jurisdiction of the Angers Court of Appeal.
