UCLG
Article 1: object
The subject of these general conditions is between the sole proprietorship Mr FOX operating under the trade name Mr FOX Enjoy Photo Joy / Ice Cream Rolls, registered with the current RCS ...under the number ...................... whose registered office is located at 105 B Terres Basses 97150 SAINT MARTIN and any CUSTOMER who has registered a request with the latter, for the rental of photographic and/or printing equipment as well as any other accessory products related to the rental of said equipment.
Mr FOX reserves the right to modify its general conditions of use and rental. They will then be applicable as soon as they are posted on the site.
The nullity of a contractual clause does not entail the nullity of the general conditions of use and rental as a whole.
Article 2: ACCEPTANCE
These general terms and conditions are deemed to have been accepted by the CLIENT as soon as a deposit has been paid or following the signature of an accepted quote.
Any rental of photographic terminal and or accessories related to our terminals (paper, decoration, costumes, printers, electro-computer equipment, etc.).
Similarly, any use, even partial, of the rental equipment delivered, implies acceptance by the CLIENT of these conditions.
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Article 3: RESPONSIBILITIES AND OBLIGATIONS OF THE CUSTOMER
The CUSTOMER must make sure to hold all the authorizations necessary for the services ordered, to ensure that the premises are available and accessible without difficulty of any kind.
The CUSTOMER must provide Mr FOX Enjoy Photo Joy with a certificate of civil liability insurance for the current year, at least 15 days before the event. Indeed, the responsibility for the equipment is transferred in its entirety to the CUSTOMER from the moment when the latter has been installed and made available by
Mr FOX.
The CLIENT agrees to provide a space of 2m x 3m for the installation of the PHOTOBOOTH end of
3,60m x 3,60m for installation o the VIDEOBOOTH 360° as well as an independent 220v power outlet,
less than 5m from the location where the PHOTOBOOTH & VIDEOBOOTH 360° will be installed.
It is recommended that this socket be exclusively dedicated to the connection of the charging station. It is therefore necessary to avoid plugging it into a power strip with other devices.
The CUSTOMER is informed that he has no right to move the equipment installed by the technician to the place initially planned except in cases of force majeure or for the purpose of securing the equipment.
The CUSTOMER must ensure that the ground where the PHOTOBOOTH & VIDEOBOOTH 360° will be installed is flat and perfectly level.
The PHOTOBOOTH must not be exposed to direct sunlight, as its operation is no longer guaranteed, especially in the event of high temperatures. The same is true in case of rain.
When installing outdoors, the CUSTOMER must provide, if the PHOTOBOOTH & VIDEOBOOTH 360° is not in the shade, protection from the sun; likewise in case of rain, the latter must be completely sheltered (tent or barnum).
The PHOTOBOOTH cannot be installed directly on the lawn.
If used outdoors, Mr FOX cannot be held responsible for partial or incomplete operation. The CUSTOMER must indeed ensure certain rules of common sense for optimal use (backlight, exposure to light or sun, flash on/off, stable and flat ground, etc.).
The CLIENT must provide Mr FOX with access to the venue at least 4 hours before the start of the event.
The CUSTOMER will have to communicate to Mr FOX before the event, all the elements necessary for the delivery (names of the contacts, telephones) as well as any possible constraints (stairs, narrow elevator, access times, etc…).
The CUSTOMER must specify to Mr FOX, upstream, the exact place where he wishes the service provider to install the equipment.
A specific delivery time and/or service will be mutually agreed between Mr FOX
and the CUSTOMER.
The CUSTOMER therefore undertakes to strictly respect this schedule. Otherwise, Mr FOX reserves the right to install the equipment in the place it deems most appropriate without it being able to be moved afterwards.
The CUSTOMER must also specify all the elements necessary for the return of the equipment (date and time of removal, names of contacts, telephones). The material cannot be recovered in a place other than that in which it was initially delivered. Any delay in the return of the equipment will be subject to an additional billing of 75 euros per additional hour.
The CUSTOMER only has the right to use the rental property on the reserved date and those even if the date of recovery by the technician is later than this. He is however responsible for it throughout the rental period.
The rental period begins when the technician arrives at the installation site and ends when the technician leaves the place of use with all the equipment.
Mr FOX cannot be held responsible for incidents occurring due to non-compliant use of the material with these CGUL by a child or an adult of any kind.
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Article 4: STATE OF THE EQUIPMENT
The rented equipment is deemed to be in good presentation and working order and has the characteristics described in the signed quote.
There may appear some signs of logical wear but it is up to the CUSTOMER to make all the reservations he deems necessary and in particular to report any visual defect or missing element by contacting the CUSTOMER service either by telephone +590 690 22 06 61 or at + 590 690 22 06 62 or by email at contact.misterfox@gmail.com
The CUSTOMER undertakes to use the PHOTOBOOTH equipment in a prudent, diligent and informed manner, in accordance with its usual destination, in compliance with these general conditions and to do nothing or allow it to be damaged.
The CUSTOMER will be held responsible for damage caused to the equipment by him or his guests.
The CUSTOMER is not covered by any Mr FOX insurance.
It is up to the CUSTOMER, if he so wishes, to take out insurance with a company of his choice to cover his liability, the risks of loss, theft or deterioration throughout the duration of the rental and this, until the end of the dismantling of Mr FOX's equipment.
In the event of damage or theft, the CUSTOMER undertakes to inform Mr FOX immediately and without delay.
To do so, he has telephone assistance 7 days a week and 24 hours a day by contacting the number that will be communicated to him when ordering. A technician will be available to help solve the problem.
If on-site maintenance service is required, a technician will be dispatched to the site.
It is strictly forbidden for the CUSTOMER to make modifications to the terminal, including its programs,
except for manipulations strictly requested by one of the Mr FOX technicians.
The CUSTOMER expressly undertakes to enforce this prohibition by all persons who have access to the charging station during the rental period.
In the event of bodily injury or theft, the CUSTOMER undertakes to take all reasonable measures to clarify the incident with Mr FOX and the competent authorities as soon as possible.
The CLIENT is required to take all necessary measures to prevent the incident from escalating and to preserve the equipment.
Mr FOX cannot be held liable for damage caused by improper use of the equipment made available or resulting from any negligence, imprudence or clumsiness of users of the terminal, whoever they may be.
Article 5: USE
The CUSTOMER has the right to make the terminal available to third parties present at the event he is organizing, but he is required to ensure compliance with the instructions given to him.
The equipment rented under the Service is the exclusive property of Mr FOX, and as such, it cannot be seized by third parties and the CUSTOMER is strictly prohibited from assigning it, lending it, subletting it, pledge it or assign it to a creditor.
The markings of the digital photo kiosk, in particular signs, numbers or inscriptions, must not be removed, modified or made unrecognizable.
No modification of the software programming of the terminal can be made by the CUSTOMER himself to the rented equipment. No aesthetic transformation (flocking or customization of the box) can be made by the CUSTOMER himself.
Adults are fully responsible for their children, the terminal is not a toy. The Mr FOX team declines all responsibility in the event of an accident due to improper handling of the device by a child left unsupervised.
Article 6: DEPOSIT
The CUSTOMER must deposit Mr FOX a deposit in the amount of 1000 Euros (a thousand Euros) paid by bank check no later than 15 days before the rental date and will be returned to the CUSTOMER 15 days following the return of the equipment. , less any damage to the equipment made available by Mr FOX.
It will only be cashed in the event of damage to the equipment.
Mr FOX Enjoy Photo Joy gives himself the right to cancel the service or even to recover the equipment already installed if the deposit is not paid at the time of delivery of Mr FOX's PHOTOBOOTH equipment the deposit paid will then be retained and the payment full will be due.
In the event of loss, theft or total deterioration, the CUSTOMER must reimburse Mr FOX for the equipment concerned up to the value of the new equipment, even if the amount of the replacement exceeds the deposit deposited.
Similarly, in the event of glass breakage or partial deterioration, the CUSTOMER must reimburse Mr FOX for the full amount of the repairs made to the equipment concerned, even if the amount of the repairs exceeds the deposit deposited.
The equipment is delivered with a sheet precisely describing all the elements contained. This same sheet serves as a "check list" for the removal of the elements in their entirety by the technician.
In the absence of one or more elements Mr FOX reserves the right to invoice and withhold from the CLIENT's deposit the amount of the missing element(s) at the identical replacement price.
In the event of non-return of the equipment, this will be invoiced to the CUSTOMER at the price of a new replacement.
Article 7: OBLIGATIONS OF Mr FOX
Mr FOX undertakes to provide functional equipment that meets the description given on the estimate for the duration of the rental.
The CUSTOMER understands that certain maintenance/upkeep operations may sometimes be necessary during the term of the rental, which could result in one or more minor service interruptions. In the event that one or more minor service interruptions are necessary, Mr FOX undertakes to honor the total rental time, not counting the service downtime if this stoppage is not attributable to misuse. material by the customer.
In the case of a mechanical breakdown, or any other situation that does not allow the rented equipment to operate during part or all of the rental term, the amount charged to the CLIENT will be calculated on a pro rata basis. The liability of Mr FOX extends only and solely to the reimbursement of any amount paid to him for the service by the CUSTOMER.
The Services are described as precisely as possible. A description will contain in particular the characteristics of the Services offered. A visual description of the Service via a photograph that proves to be non-compliant cannot in any way engage the responsibility of Mr FOX, which the CLIENT expressly acknowledges.
Article 8: RESPONSIBILITY
During the rental period of the property, the owner, Mr FOX, is released from all liability concerning the property and its use. The damage caused by the CUSTOMER will be at his expense.
Whatever its possible repairs, the property will remain the property of Mr FOX.
Mr FOX is not responsible for malfunctions of the rented equipment due to a faulty Internet connection due to the CUSTOMER's Wifi or 4G network or the place where he had the machine installed, a lack of power supply, a inadequate or unsuitable lighting or installation or use not in accordance with the recommendations.
Mr FOX cannot be held responsible for delays, the impossibility of making its delivery or any other contractual obligation in the event of force majeure such as strikes, bad weather, accidents, etc. In the cases mentioned above, when the failure to deliver is the responsibility of Mr FOX, payment for the service will be partially or fully reimbursed depending on the situation.
Mr FOX cannot be held responsible in the event of failure during the transfer of digital photos from the photographic terminal (or other medium) to the CLIENT. The photos taken will be sent by email or any other medium chosen by Mr FOX to the CLIENT after his event.
Mr FOX's liability with regard to any service provided is strictly limited to the price paid by the CLIENT.
The CUSTOMER expressly acknowledges having read the characteristics of the equipment and undertakes to take all measures to avoid all risks and all nuisances. The CUSTOMER remains solely responsible for the offenses committed by him or his employees as a result of the use of the equipment made available by Mr FOX.
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Article 9: RATES AND PAYMENTS
All our prices are displayed in Euros and include all taxes, unless otherwise stated. Optional prices such as overtime rentals, postponement or cancellation options, additional reels, double prints, etc., will be mentioned on the quote.
With the exception of specific conditions, the payment terms are as follows:
All reservations must be accompanied by a 30% non-refundable deposit.
Payment of the rest of the rental amount will be requested from the CLIENT 7 days before the date of the event. Mr FOX reserves the right to cancel any reservation that has not been confirmed by full payment 5 days before the scheduled rental date. This deposit will be cashed at least 5 days before the scheduled rental date.
Mr FOX accepts payment by bank transfer, by payment terminal, by check.
Any amount unpaid on its due date will be increased automatically and without prior notice.
Late payment interest will be calculated pro rata temporis by applying one and a half times the legal interest rate and will result in the payment of all debts not yet due.
Article 10: Cancellation & Withdrawal
The CUSTOMER has a withdrawal period of 14 days from the Order. In accordance with article L. 221-28 of the Consumer Code, the CUSTOMER cannot exercise his right of withdrawal with regard to a service to be provided before the end of the aforementioned withdrawal period, insofar as the service began after the prior express agreement of the CLIENT and express waiver of his right of withdrawal.
If the CUSTOMER decides to cancel his reservation and this, regardless of the reason given, after this period, the full amount already paid cannot be refunded.
Article 10 bis: Option Report & the Cancellation option
The CUSTOMER may request the postponement of his reservation by adding the Postponement Option to his order.
The CUSTOMER may request the cancellation of his reservation by adding the Cancellation Option to his order.
These Postponement and/or Cancellation Options cover natural and technological disasters but also all other personal reasons. The CUSTOMER must simply indicate by email his order number as well as his wish to postpone or cancel within a maximum of 7 days before the event.
The request will be acknowledged within 48 hours, otherwise please contact
Mr FOX by telephone to confirm receipt of your request. Reimbursement may take place within 4 weeks after the date of validation of the request. Of course, the amount of the options is not refundable. The option can only be used once.
COVID-19 Update:
Due to the uncertainty that many customers may be facing due to the current health crisis, all customers who wish to modify their event project can now, subject to the availability of material, modify the date and place of the service free of charge. The modification of the place will however have to respect the initial conditions of delivery or be the subject of an additional invoicing.
You can therefore make changes to your reservation by email or telephone as soon as possible.
For this postponement request, the new date does not need to be determined. In this case, we will issue you a booking voucher with a date to be determined later.
All claims can only be received and considered from the moment the material has not already been delivered to the event site.
Any request will also be subject to the validation of the cause of cancellation and to the usual checks on the state of crisis, the closing of rooms and places of assembly, the ban on private or other gatherings.
Article 11: Force majeure
Neither Mr FOX nor the CUSTOMER shall be liable to each other for any damage resulting from the failure to perform their obligations under this AGREEMENT as a result of an event of FORCE MAJEURE (extreme weather conditions caused by the forces of nature, embargo, domestic or foreign war), or any other cause or contingency beyond the control of Mr FOX or the CLIENT, as the case may be.
Section 12: Personalization
The terminal is configured according to the options chosen by the CLIENT. The presentation of the terminal and its user interface are adapted by Mr FOX on the basis of the information and the file of Mr FOX Enjoy Photo Joy, chosen by the customer during the estimate established.
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Article 13: Intellectual property & confidentiality
All elements of Mr FOX's communication media (contracts, prospectuses, website, etc.) and in particular all graphic elements, photos, videos, texts associated with them, are the exclusive property of Mr FOX.
The CUSTOMER is strictly prohibited from carrying out any reproduction, representation or distribution, even partial, of any particular element forming an integral part of the communication media Mr FOX.
The software equipment, documentation and any technical information or information of any kind belonging to Mr FOX are the exclusive property of the latter.
Any reproduction is subject to the express and prior agreement of Mr FOX and in the event of sharing on social networks or any other medium, the User and/or the CLIENT must mention Mr FOX.
Failure to comply with this obligation constitutes an infringement engaging the civil and criminal liability of its author.
Consequently, the CUSTOMER refrains from any action and any act likely to infringe, directly or indirectly, the intellectual property rights of Mr FOX.
Except, contraindication, clearly stipulated in writing, the CUSTOMER authorizes Mr FOX to use possibly as part of its communication and use the photos taken during the service.
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Article 14: Image rights
By providing him with a terminal taking photos, Mr FOX transfers the image rights relating to the photos to the CUSTOMER who assumes de facto responsibility for the image rights.
Mr FOX has access to the data and images produced by the CLIENT and keeps them for a period of
30 days after the return of the terminal, thus giving the CUSTOMER the possibility of recovering the data if he did not do so at the time of rental. After this period, Mr FOX undertakes to destroy the data and images stored by the photo terminal.
The CUSTOMER undertakes to comply with the legal provisions in force relating to the image rights of all terminal users.
Mr FOX reserves the right to use the photos taken by the equipment made available to the CLIENT for promotional purposes. Mr FOX may use certain photos on its website, brochures, advertisements or otherwise. The CUSTOMER therefore undertakes to have obtained the authorization of the persons using the photographic equipment. Otherwise, the CUSTOMER may oppose the use of the photos by expressly indicating this in writing.
Mr FOX cannot be held responsible for the distribution of images taken by the terminal and then broadcast on social networks or other media by users or persons who have had access to them, whoever they may be.
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Article 15: Personal data
The CUSTOMER undertakes to comply with the legal provisions in force relating to the protection of privacy in the processing of personal data in relation to the personal data collected, used and/or processed on his behalf and which may result from the use of the terminal. Mr FOX acts as the CLIENT's subcontractor.
Mr FOX is committed to protecting the data and privacy of its CUSTOMERS. Mr FOX does not communicate or trade in the personal data of its CUSTOMERS.
Mr FOX undertakes, in accordance with the GDPR regulations, to respect your privacy and to protect your personal data, i.e. any data likely to identify you directly or indirectly as a person.
As part of a contact or an order, Mr FOX aims to collect the personal data of the Prospect or CLIENT. The CUSTOMER expressly consents to the collection and processing of his personal data necessary to place orders.
Mr FOX undertakes to protect this information, which is kept in a secure computer file.
The personal data collected by Mr FOX is intended to enable the order to be carried out. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as “Informatique et Libertés”, and the general data protection regulations (RGPD) , subject to proving your identity, any CUSTOMER, regardless of nationality, has the right to access, modify and delete their personal data by contacting Mr FOX at the email address: contact.misterfox@gmail.com
Each CUSTOMER is also entitled to request a limitation of the processing of his data and also has a right to the portability of data as well as a right of opposition to the processing of personal data concerning him as well as to make any complaint to the CNIL.
Article 16: Disputes
In the absence of an amicable resolution, the dispute will be brought before the commercial court of the place of the registered office of the company Mr FOX.
This clause applies even in the event of summary proceedings, incidental claims or multiple defendants or warranty claims, and regardless of the mode and terms of payment.
It is also recalled that any consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional.
To this end, Mr FOX guarantees the CUSTOMER the effective use of a consumer mediation system. As such, Mr FOX invites the CLIENT to contact: the mediation company
Finally, it is recalled that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.
These General Conditions are subject to French law. The company cannot be held responsible for non-compliance with the laws and regulations in force in any other country.