General Conditions for Rental
These General Conditions for Rental govern the conditions for rental and are applicable to any service order placed by an individual on the Faure Sport website www.fauresport.it
Faure Sport S.N.C., Piazza Assietta, 11, 10050 Sauze D’Oulx (TO), Italy hereinafter referred to as Faure Sport and The Renter.
ANY ORDER PLACED WITH FAURE SPORT BY THE RENTER IMPLIES ACCEPTANCE WITHOUT RESERVE BY THE RENTER OF THESE GENERAL CONDITIONS FOR RENTAL AND THEIR APPENDICES.
Article 1: Definition
The terms, used below in these general conditions for rental, signify the following:
VOUCHER: refers to the document which the RENTER uses to collect the ARTICLE(S) ordered from a Faure Sport partner shop and which attests to complete payment of the ORDER;
ORDER: refers to the operation by which the RENTER chooses the ARTICLES, the rental period, the collection point, the payment method and makes payment;
ACCOUNT: refers to the interface in which all the information provided by the RENTER is stored. These data include information concerning the RENTER such as their E-mail address, the status of their transactions, the ARTICLES rented on the WEBSITE, their shoe size, weight and height. Please note that an ACCOUNT cannot be transferred to a third party;
AGREEMENT: refers to the contractual relation by which the parties are bound and which is governed by these General Conditions for Rental and the appendices, the INVOICE and any additional clause subsequently signed by the PARTIES;
INVOICE: refers to the contractual document transmitted by Faure Sport on which the final price of the ORDER appears;
RENTER: refers to Faure Sport’S contracting party, a competent individual who has reached the age of majority and who can be qualified as a consumer according to the legal French definition and jurisprudence;
WEBSITE: refers to the Website available at the address www.FaureSport.it on which the RENTER can view the ARTICLES;
Article 2: Purpose of the Agreement
The purpose of these General Conditions for Rental is to specify the respective rights and obligations of the RENTER and Faure Sport in the framework of the RENTAL of the ARTICLES on the WEBSITE.
These General Conditions for Rental, the indications on the VOUCHER, those on the ORDER when it is accepted by Faure Sport, as well as the related INVOICE constitute the only contractual agreements between Faure Sport and the RENTER.
The RENTER is hereby clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals should contact the Faure Sport sales department in order to benefit from different contractual conditions.
Article 3: Characteristics of the General Conditions for Rental
These General Conditions for Rental do not, under any circumstances, confer to the RENTER the capacity of employee, proxy, agent or representative of Faure Sport.
Moreover, the PARTIES hereby declare that these General Conditions for Rental cannot under any circumstances be considered as a declaration of legal status of any legal person or entity, and that any form of intention to cooperate in a partnership and right to supervise its administration is formally excluded from their relations.
Article 4: Acceptance and modification of the General Conditions for Rental
The RENTER carefully reads and agrees to these conditions before paying any ORDER placed on the WEBSITE.
These General Conditions for Rental are referenced at the bottom of each page of the WEBSITE by means of a link and should be consulted before placing an order. The RENTER is asked to carefully read, download and print the General Conditions and to keep a copy.
Faure Sport recommends that the RENTER reads the General Conditions for each new ORDER. The latest version of the said Conditions is applicable to all new ORDERS.
By clicking on the first button to place the ORDER then on the second to confirm the said ORDER, the RENTER acknowledges having read, understood, and agreed to the General Conditions without restriction or condition.
The General Conditions for Rental are applicable for the entire duration of the period that the ARTICLES are on line.
Faure Sport can modify them at any moment. These modifications are effective immediately after they are placed on the WEBSITE.
Only the General Conditions for Rental published the day of the ORDER are applicable to them. They are brought to the knowledge of the RENTER and agreed to by them at the time of the ORDER.
Article 5: Account
Placing an ORDER presupposes the creation of an ACCOUNT for processing the ORDER and therefore the required agreement with the General Conditions of the WEBSITE.
Article 6: The parties’ obligations
6.1: The renter’s obligations
To enable Faure Sport to accomplish their obligations under the best possible conditions, the RENTER agrees to:
Pay the price of the ORDER;
Compliance with all the applicable laws and rules as well as these General Conditions for Rental;
Notify Faure Sport of any information of which they might have knowledge and which might have an impact on the execution of the AGREEMENT between the Parties;
Provide the VOUCHER when collecting ARTICLES;
6.2: Faure Sports obligations
Faure Sport agrees to do everything in their power to rent the ARTICLES under the conditions mentioned in these General Conditions for Rental.
Article 7: The articles
Every effort is made to ensure that the pictures of the ARTICLES that appear on the WEBSITE are exactly those of the original ARTICLES.
Nevertheless, please remember that Faure Sport rents ARTICLES and does not manufacture them. Therefore, Faure Sport is not responsible for differences over which it has no control or for minor differences.
Article 8: ORDER
8.1: Conditions for placing an order
The RENTER must be at least eighteen (18) years old and have the legal capacity required to place and honour all ORDERS, or must have authorisation to place and honour all ORDERS and be able to provide proof at any moment on simple request by Faure Sport.
The RENTER shall be asked to provide information that enables their identification by completing the form available on the WEBSITE. The (*) sign indicates the required fields which must be filled out for the RENTER’S order to be processed by Faure Sport. The RENTER can verify the status of their order on the WEBSITE. The information that the RENTER transmits to Faure Sport at the time of an order must be complete, precise and updated. Faure Sport reserves the right to ask the RENTER to confirm, by any appropriate means, their identity, eligibility and the transmitted information.
8.2: The ordering process
ORDERS are placed directly on the WEBSITE. To place and ORDER, the RENTER must follow the steps below (however, please note that according to the RENTER’S startup page the steps might be slightly different).
To place an ORDER, the RENTER must follow the instructions below:
Select the desired duration of rental;
Choose whether you wish to have the “Breakage/Theft” guarantee;
Indicate your size, weight and shoe size, if necessary, so that the equipment can be prepared ahead of time;
Read and Agree to these General Conditions for Rental before validating the ORDER.
The RENTER agrees to carefully read the ORDER summary, which he can modify at any moment before clicking on the “PAY” button.
The RENTER then chooses their payment method and proceeds with payment. The RENTER may be sent to a secured payment platform that enables online payment.
Upon confirmation by the RENTER, the ORDER shall be sent to Faure Sport for processing. Faure Sport shall send an acknowledgement of receipt by e-mail to the RENTER, on receipt of the ORDER.
The RENTER shall receive an e-mail informing them whether or not the reservation and availability of the selected ARTICLE(S) were confirmed. If the availability of the ARTICLES is confirmed, if applicable, Faure Sport shall send the RENTER an e-mail confirming the ORDER with:
A VOUCHER on which the following are indicated:
– the date and time of collection of the ARTICLE;
– the date and time of return of the ARTICLE;
– the list of ARTICLES rented and their characteristics;
– the options chosen;
– the shop where the ARTICLE is to be collected;
these General Conditions for Rental on a durable legible medium.
The RENTER shall print the VOUCHER which must be given in at the shop where the ARTICLE(S) is (are) to be collected.
Regardless of the method of ORDER, ORDERS cannot be conditional: they are final.
It is hereby specified that no ORDER can be taken into account if it is not immediately followed by the corresponding secured payment by bank card or by any other means of payment proposed on the WEBSITE.
Faure Sport accepts no liability concerning the choice of ARTICLES, the number of ARTICLES and the duration of rental chosen by the RENTER if they do not correspond with the RENTER’S expectations or needs.
Article 9: Price
The prices indicated on the WEBSITE may change, notably in case of special offers and sales.
The applicable price for the RENTER is the one shown on the WEBSITE at the time of the finalisation of the AGREEMENT, taking into account the category of equipment reserved as well as the number of days of rental, and if applicable, including the cost of the “Breakage/Theft” guarantee (option), unless there is an obvious error in the posting of the price of the ARTICLE (Ridiculous price).
Prices are indicated in Euros including tax and including the IVA at the applicable rate on the day of finalisation of the AGREEMENT.
The total amount of the ORDER appears at the second stage of the process of placing the ORDER.
Article 11: Invoicing
The RENTER will be invoiced at the rate applicable on the day the AGREEMENT is finalised.
The invoice shall include the details of:
the price of each ARTICLE ordered;
the amount of the Breakage/Theft guarantee;
the amount of the administrative fees;
the amount of taxes.
The acknowledgement of receipt of the ORDER THAT Faure Sport sends to the RENTER by e-mail does not constitute an INVOICE.
On request, the RENTER can receive an INVOICE by e-mail.
Article 12: Payment
12.1: Payment date
The RENTER proceeds with payment at the end of the ORDER.
Article 13: Forming the agreement
The AGREEMENT is formed when the RENTER has validated their ORDER under the resolutive condition of confirmation by Faure Sport of the availability of ARTICLES ordered and receipt by Faure Sport of complete payment of the cost of the ORDER from the RENTER.
Faure Sport reserves the right to refuse any ORDER for any request concerning ARTICLES for dates when they are unavailable or for an abnormally high number of ARTICLES considering Faure Sport’S stocks.
Article 14: Reserving articles
Faure Sport agrees to ensure, whenever possible, the reservation of ARTICLE(S) and especially when the mention “Guarantee model” is indicated on the WEBSITE.
In fact, Faure Sport cannot be held responsible for any delays in handing over the ARTICLE(S), delays due to reasons beyond Faure Sports control. This is so in case of a delay in the return of ARTICLES by the previous RENTERS, changes in the regulations, accidents resulting in ARTICLE damage, force majeure as defined in article XX of these General Conditions for Rental, strikes, etc.
In case of stock outage, Faure Sport agrees to provide the RENTER with:
In the first place, ARTICLES of a higher quality and price;
In the second place, ARTICLES of an equivalent quality and price;
In the latter case, the PARTIES expressly acknowledge Faure Sport capacity to assess the similarity of the price and qualities of the unavailable ARTICLES and the substitution ARTICLES.
The RENTER may refuse the substitution ARTICLES in the framework of a “Guarantee model” only.
Under such conditions, the ORDER shall be cancelled and Faure Sport cannot be held liable.
Article 15: Collecting articles
15.1: Terms and conditions for collecting articles
15.1.1 Concerning the presentation of certain documents
As a guarantee of the execution of the AGREEMENT, Faure Sport reserves the right to make rental subject to the presentation of certain documents such as an identification card and/or driver’s license and/or proof of domicile of less than three (3) months.
Similarly, Faure Sport demands that an identification card is presented for individuals fourteen (14) to seventeen (17) years of age, including when the ARTICLES are collected in the shop.
The RENTER expressly agrees that Faure Sport can keep a copy of the documents presented.
15.1.2 Refusal by Faure Sport to hand over articles
Faure Sport reserves the right to refuse to hand over ARTICLES ordered to the RENTER:
for which payment of the ORDER has not been made in conformance with article 12 of these General Conditions for Rental;
who has not provided all the documents of proof, or has provided incomplete documents, or ones that are non-conforming or that do not make it possible to identify the customer clearly;
The PARTIES expressly agree that Faure Sport cannot be liable in this respect.
15.2: Collection methods
15.2.1 Collection date
The RENTER can collect the ARTICLE(s) ordered under the conditions indicated in the contract:
The date on which rental starts
In case the RENTER is late, the shop selected at the time of the ORDER must be notified. In fact, if the ARTICLE(S) is (are) kept by Faure Sport for twenty-four hours (24h) as of the date indicated on the VOUCHER and which corresponds with the start of rental, beyond this deadline the ARTICLE(S) shall be made available for rental again without any compensation being due to the RENTER.
15.2.2 Place of collection
Collection of ARTICLE(S) is the RENTER’S responsibility. Consequently, the RENTER must collect the ARTICLE(S) ordered at the shop they selected when placing the ORDER and as it appears on the VOUCHER.
Article 16: Use of articles
The RENTER agrees to use the rented ARTICLE(S) with care and to take all necessary precautions to avoid damage.
The RENTER assumes legal and material custody and control of the ARTICLE(S) rented. In other words, from collection to return of the ARTICLE(S) to the shop, the RENTER is entirely responsible for the ARTICLE(S) ordered.
The RENTER declares having all the competences required for use of the ARTICLE(S) rented, and being able to judge the adequacy of their choice for their needs.
The RENTER can only use the ARTICLE(S) rented strictly for personal use. They are, under no circumstances authorised to sub-rent or even lend the ARTICLE(S) free of cost.
Article 17: Modification in rental dates
Any request for change in the collection and/or return dates of the ARTICLES can be made by the RENTER using his ACCOUNT up until the day before the initially scheduled date.
Faure Sport reserves the right to refuse the change requested by the RENTER, without having to provide any justification.
In addition, the RENTER is hereby informed that the price of the ORDER can vary according to the rental dates for the ARTICLE(S). In the event that, following a change in the rental date the price is higher, the RENTER agrees to pay the difference as soon as possible. On the contrary, in the event that the price is lower, Faure Sport agrees to refund the difference.
Article 17: Modification in rental dates
18.1: Return methods
18.1.1 Return dates
The return of ARTICLE(S) must be:
On the date indicated on the contract before the shop closes;
At the latest, before 10 am (local time) the following day at the end of rental as indicated on the VOUCHER.
18.1.1 Place of return
The RENTER must return the ARTICLE(S) to the shop.
18.2: Exceeding the agreement deadline
The RENTER must comply with the duration of rental and the date of return they chose when the ORDER was placed.
Failing the return of the ARTICLE(S) within the deadlines mentioned in article 18.1.1, any day in addition to the date indicated on the VOUCHER shall be invoiced to the RENTER according to the rates posted in the shop.
18.3: Condition of the returned article
The ARTICLE should be returned in good functioning condition, i.e. without any change beside that of normal wear resulting from normal use of the ARTICLE(S) as is intended.
The RENTER shall abstain from replacing the ARTICLE(S) rented by any other equipment whatsoever. The RENTER is hereby informed that the ARTICLE(S) is (are) numbered or marked and that it (they) must be returned with the same numbers and the same mark.
The PARTIES agree that the VERIFICATION shall be carried out in the presence of the RENTER and an employee and/or competent Faure Sport representative.
18.3.1 In the event that the ARTICLE(S) is (are) not returned or is (are) damaged
If the ARTICLE(S) or a part of the ARTICLE(S) is (are) not returned or is (are) damaged, preventing their use, the RENTER shall be liable for the amount corresponding to the value of new articles. This amount should be entirely paid to the company managing the shop where the ARTICLES were collected.
Article 19: “Breakage / Theft” Guarantee
19.1: Guarantee period
At the time of the ORDER the RENTER has the opportunity to subscribe to the guarantee proposed by Faure Sport.
This guarantee covers:
any damage that might occur to the ARTICLE(S) ordered and reserved, whether:
– partial, i.e. which requires professional action to make the ARTICLE fit for use;
– total, i.e. the ARTICLE has become unfit for use and cannot be repaired for less than the price of a new ARTICLE.
any theft of a part or all of one of the ARTICLE(S);
With regards to cases of theft, the original declaration established by the police station or gendarmerie must be transmitted to Faure Sport within forty-eight hours (48 h) following the declaration.
19.2: Declaration of an accident
The RENTER must notify the Faure Sport shop within twenty-four hours of finding out. The RENTER agrees to establish a statement of breakage or theft with the Faure Sport shop
19.3: Guarantee Limits
The following are excluded from the Faure Sport guarantee:
Cases of loss, forgetting, substitution of the ARTICLES;
Cases of damages resulting from non-confirming use of the ARTICLE(S) rented;
Cases of damages resulting from voluntary acts by the RENTER or persons for whom they are responsible.
In these cases, the RENTER shall be required to reimburse the total value of the ARTICLES. This amount should be entirely paid to the company managing the shop where the ARTICLE(S) was (were) collected.
Article 20: Ownership
The Faure Sport shop is the sole owner of the ARTICLES which, under no circumstances, can be donated, lent, transmitted, rented, sub-rented, made available free of cost or with payment or transferred to any third party whatsoever.
The RENTER agrees to respect the Faure Sport shop’s ownership rights for the duration of the AGREEMENT.
Any rental day commenced will not be refunded.
If the RENTER terminates the agreement before expiration, and subsequent to the collection of the ARTICLE(S), the total amount of the rental still rightfully belongs to Faure Sport.
If the RENTER terminates the agreement before expiration, and subsequent to the collection of the ARTICLE(S), the total amount of the rental still rightfully belongs to Faure Sport.
It is hereby specified that the ARTICLE(S) rented is (are) insured under conditions of normal use.
Guarantees are not applicable in case of normal wear of the ARTICLE(S) rented, incorrect use or poor maintenance.
In the event of a hidden defect, the RENTER benefits from an identical replacement of the defective ARTICLE, within the limit of available stocks.
Article 24: Liability
Faure Sport cannot be held responsible, under any circumstances, in the following cases:
non-execution or poor execution of the contractual services that might be attributable to the RENTER;
use that is non-conforming with the intended use of the ARTICLE(S) rented.
Faure Sport shall not be liable for any indirect damage that might occur as a result of these conditions, loss of operation, loss of profit, damages or costs.
The RENTER is solely responsible for the choice and renting of ARTICLE(S).
In case it is totally or partially impossible to use one or more ARTICLES rented, notably because of incompatibility of equipment or lack of experience, there can be no compensation, refund or questioning of Faure Sport’S responsibility, except in case of an established hidden defect.
Finally, Faure Sport cannot be held responsible or be considered to have failed to meet their obligations due to any delay or non-execution when the cause of the delay or non-execution is related to a force majeure as is defined by case law of the French Courts and Tribunals.
Article 25: Force majeure
Faure Sport reserves the right to suspend, delay, modify or cancel the execution of the ORDER in case of events or circumstances of force majeure or an act of God or circumstances contractually similar to cases of force majeure or an act of God even if they might not fit the legal definition such as: fire, independent work stoppage against the will of the company or any of their suppliers or subcontractors, flooding, epidemic, war, requisitioning, strike, storm, tornado, earthquake, revolution, theft of some or all of the equipment, interruption or delay in transports, transport damage, lack of raw materials, tooling accident, lack of fuel or any other source of energy, as well as in case of any external circumstances or event, against the will of Faure Sport, that might occur subsequent to the finalisation of the agreement, preventing execution under normal conditions.
It is hereby specified that, under such conditions, the RENTER cannot claim any indemnity and cannot bring any actions for recourse against Faure Sport.
In case any of the above-mentioned events occurs, Faure Sport shall do their utmost to inform the RENTER as soon as possible.
Article 27: Personal data
the RENTER’S personal data are collected by Faure Sport for the needs of good management of ORDERS and INVOICES.
By placing an ORDER the RENTER authorises Faure Sport to use the personal data they provide us with for the management of ORDERS and INVOICES.
To this end, the RENTER is hereby informed that these data might, for the needs of this management, be transmitted to companies responsible for invoicing and other Faure Sport partners, if necessary.
Faure Sport agrees not to disclose their customer file to third parties.
The RENTER’S data are kept confidentially by Faure Sport in for the needs of the AGREEMENT, its execution and in compliance .
With regards to this, the RENTER has the right to access, modify, rectify and delete personal information collected by Faure Sport concerning them, at any moment.
Article 29: General provisions
The fact that one of the PARTIES has not demanded the application of any clause whatsoever of the AGREEMENT, whether permanently or temporarily, cannot be in any way considered as waiving the said clause.
The AGREEMENT does not confer any exclusivity to the RENTER concerning the supply of services or the guarantee of quality.
If any of the stipulations of the AGREEMENT becomes null in relation to an applicable legal or regulatory provision and/or a legal decision with the authority of res judicata, it shall be considered to be not written but shall in no way affect the validity of the other clauses which shall remain fully applicable.
In this case, the PARTIES shall meet to decide on a new provision to replace the one declared null and void, considering that the new provision should, as much as possible, comply with the spirit and economic impact of the replaced provision on the PARTIES.
Article 30: Applicable law and Jurisdiction
The agreement and any order placed on the website under the conditions set by article 8 of the general conditions are subject exclusively to Italian law. in case of a lawsuit, only the Italian courts shall have competence.