Effective date: July 22, 2021

 

 

1. Purpose

These general terms and conditions of rental apply without restriction or reservation to all online rentals offered by the company SAMAYA on the website www.samaya-equipment.com (hereinafter: "the Site").

The Site is an e-commerce platform dedicated to the short-term rental by individuals (hereinafter, the "Users" or "Renters") of non-perishable consumer goods (hereinafter: "the Products" or "the Equipment").

The objective is to offer Users a new model for consuming Products, favoring their rental rather than their definitive purchase.

These General Terms and Conditions are intended to define the terms and conditions for online rental and delivery of the Products, as well as to define the rights and obligations of the parties in this context.

The applicable version of the general terms and conditions is the one available online on the Site on the date of the User's order.

These general terms and conditions of rental prevail over any other general or special conditions not expressly approved by the company SAMAYA.

 

 

2. Seller identity and contact

The Site is operated by the company SAMAYA, a Simplified Joint-Stock Company (Société par Actions Simplifiée) with capital of €151,220, registered with the Annecy Trade and Companies Register under number 843 620 170, whose registered office is located at 5 Avenue du Pré de Challes, 74940 Annecy (hereinafter: "Samaya" or "the Lessor"), which offers the Products for rental.

Samaya can be contacted at the following contact details, particularly for any complaints:

Postal address: Samaya, 5 Avenue du Pré de Challes, 74940 Annecy

Email address: contact@samaya-equipment.com

 

 

3. Legal capacity and acceptance of the general terms and conditions

3.1. Legal capacity

The Site is accessible:

- To any natural person with the full legal capacity to commit to these general terms and conditions. A natural person who does not have full legal capacity may only access the Site with the agreement of their legal representative.

- To any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity.

3.2. Acceptance of the general terms and conditions

The User's acceptance of these general terms and conditions is signified by a checkbox in the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. A User who does not agree to be bound by these general terms and conditions must not place an order on the Site.

 

 

4. Characteristics of the Products

Before placing any online order and in application of the provisions of Article L111-1 of the Consumer Code in particular, the User may read the characteristics of each Product they wish to order on the Site.

The Products are offered for online rental subject to availability.

The User is informed and agrees that the ordered Product is rented "as is" and may have been subject to prior rental(s) before being reconditioned by Samaya.

The photographs and descriptions of the Products offered for online rental are as accurate as possible. They only commit Samaya to what is specifically indicated.

The User is nonetheless informed and agrees that the Product rented and delivered to the User may not correspond to the exact model of the Product photographed and presented on the Site at the time of their order.

 

 

5. Ordering

5.1. Placing an order

Any User can place an Order for one or more Products without prior registration on the Site.

To place an order, the User must select the desired rental period and the Product of their choice, which they place in their shopping cart. They can access their shopping cart summary at any time until the order is definitively validated and can correct any errors in the entered elements.

The order is deemed received by the company Samaya when it can access it.

As part of their order, the User is invited to provide their details for delivery and invoicing purposes. They must fill in all fields marked as mandatory in the form provided for this purpose. Orders that do not contain all the required information cannot be validated.

The User guarantees that all information provided in the order form is accurate, up-to-date, and is not misleading in any way.

They are informed and agree that this information serves as proof of their identity and commits them as soon as it is validated.

 

5.2. Order confirmation

Upon completion of their order, the User receives an email confirmation which:

(i) summarizes the order details and the expected delivery time,

(ii) includes the general terms and conditions in force on the day of the order,

(iii) includes the invoice corresponding to the order.

The User must ensure that the contact details provided during their order are correct and that they allow them to receive the order confirmation email. If it is not received, the User must contact Samaya at the contact details mentioned in Article 2.

Samaya recommends that the User keep the information contained in the order confirmation.

The order confirmation is deemed received by the User when they can access it.

 

 

6. Price and payment methods

6.1. Price

The rental prices for the Products are displayed on the Site.

They are indicated in euros, inclusive of all taxes (French VAT and other applicable taxes).

Samaya reserves the right, at its own discretion and according to terms and conditions of which it will be the sole judge, to offer promotional offers or price reductions.

The prices do not include any delivery costs that may apply to the delivery of the Products, which are invoiced in addition to the price of said Products. The amount of the applicable delivery costs will be indicated before the User validates the order.

The applicable price is the one displayed on the Site at the time the User's order is recorded.

 

6.2. Payment methods

The full rental price of the Product selected by the User is due at the time of ordering for any one-off rental.

The terms and conditions of the Product rental subscription as well as its financial terms are detailed on the Site and will be accessible to the Customer prior to any order.

In any event, the User is informed and agrees to pay a deposit to Samaya in the event of a rental subscription, the amount of which will be indicated on the Site during the Order.

Any delivery costs will be indicated on the Site.

Payment is made online by credit card, through the secure online payment service indicated on the Site.

The User guarantees Samaya that they have the necessary authorizations to use the chosen payment method.

Samaya reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the User, in the event of a payment incident, or in the event of fraud or attempted fraud related to the use of the Site.

Penalties equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgment of receipt.

 

6.3. Invoicing

Purchase invoices will be sent to the User by email, with a link allowing them to consult these general terms and conditions of rental at any time.

 

6.4. Security deposit

The Lessor may require a security deposit from the customer equal to the public retail price including VAT of the products, as indicated below. The security deposit takes the form of a credit card pre-authorization.

The amount of the security deposit will not be collected if, upon return of the Equipment, it is found that it has not been damaged.

Equipment: Retail price

Samaya INSPIRE2: €900.00

Samaya 2.0: €1250.00

Samaya 2.5: €1350.00

Samaya ASSAUT2 8K: €1300.00

Samaya BASECAMP: €2000.00

Samaya 3.0: €2400.00

Nylon Vestibules: €250.00

Dyneema® Vestibules: €800.00

 

 

7. Delivery

7.1. Delivery territory

Users are expressly informed that the Site only offers delivery of Products to Germany, Austria, Belgium, metropolitan France, Luxembourg, and the Netherlands.

 

7.2. Delivery methods

The delivery of Products ordered on the Site is carried out to the address indicated during the User's order as the "delivery address" (which may be different from the billing address).

The User is informed before validating their order of the possible delivery methods for the ordered Product as well as the deadlines and costs corresponding to each of these methods.

The User must select the desired delivery method and provide all the information necessary for the effective delivery of the Product according to this method.

 

7.3. Delivery times

The Site indicates, for each Product offered for rental, indicative delivery times based on the territories and delivery methods selected by the User.

The actual delivery time will be confirmed to the User in the order confirmation email.

In the absence of delivery within the above deadline, the User may terminate the order by registered letter with acknowledgment of receipt or by a written document on another durable medium, if, after having enjoined Samaya, according to the same methods, to perform the delivery within a reasonable additional period, it has not done so within this period.

The contract is considered terminated upon receipt by Samaya of the letter or document informing it of this termination, unless it has performed the delivery in the meantime.

In the event of termination of the contract according to the above methods, the User will be reimbursed for all sums they have paid, including delivery costs, at the latest within 14 (fourteen) days following the date on which the contract was canceled.

 

7.4. Conditions for returning the Products

The User must ship the Equipment within two business days from the end date of the rental.

 

The rented Equipment must be returned dry and in the same condition as when it was made available to the User.

 

Any deterioration found on the Equipment will be the responsibility of the User and penalties may apply if the Equipment is returned damp.

 

The amount of the repair will be determined upon presentation of an invoice by the Lessor, in accordance with the price list below. In the event that the Equipment cannot be repaired, the damaged Equipment will be reimbursed in full according to the current rates. The reimbursement will be made by deducting the amount due from the security deposit requested at the time of the Equipment rental.

  

For each day of delay in returning the Equipment, the Renter must pay the daily rental price.

Type of repair: Price

Missing or broken Dyneema® removable top elastic: €25

Presence of a hole smaller than 5 cm in the Dyneema® or the tent membrane: €25

Presence of a hole smaller than 10 cm in the Dyneema® or the tent membrane: €35

Presence of a hole larger than 10 cm in the Dyneema® or the tent membrane: €60

Broken vent closure: €70

Broken door closure: €110

Unstitched pocket bias: €25

Unstitched pocket assembly: €90

Unstitched velcro: €20

Broken pole: €40

Broken guy line: €25

Presence of a hole smaller than 1 cm in the pocket: €15

Presence of a hole larger than 1 cm in the pocket: €60

Missing or broken red tent buckle: €25

Broken or missing guy line adjuster: €25

Broken or missing adjuster buckle: €25

Presence of a hole in a sleeve: €35

Presence of a hole at the end of a sleeve: €25

 

In the event of non-return of the Equipment within two business days and after three unsuccessful attempts, at a rate of one attempt per day, by the Lessor to recover its Equipment, the security deposit provided by the Renter, corresponding to the full public retail price of the rented products, will be charged.

 

 

8. Cancellation

8.1 Cancellation by the customer

8.1.1 Online rental does not allow for the exercise of the right of withdrawal, which only concerns distance sales or service provision contracts.

8.1.2 To cancel their rental, the Customer must contact Samaya at the address contact@location.samaya-equipment.com.

8.1.3 If the cancellation occurs:

• more than 7 days before the start date of the rental: the reservation amount is refunded

• less than 7 days before the scheduled rental date: except in cases of force majeure as defined by the French courts, the reservation amount remains acquired by the Lessor.

8.1.4 There will be no refund except in cases of force majeure:

• for any rental shorter than the duration provided for in the reservation,

• In case of a false declaration during the reservation.

 

8.2 Cancellation by the Lessor

8.2.1 If, exceptionally, the company SAMAYA cannot honor a reservation, the customer will be informed by email or telephone, in order to cancel or agree with the customer on modifications to the reservation. If no replacement solution is found, SAMAYA undertakes to immediately and fully refund the reservation amount, excluding any other compensation.

 

 

9. Commitment of the Lessor

The Lessor undertakes to provide Products in very good condition and free from any defect.

If the User finds that the Product delivered to them has a defect, a lack of conformity, or is damaged, they must inform Samaya at the address contact@location.samaya-equipment.com, indicating the nature of the defect, non-conformity, or damage observed and sending any useful supporting documentation, in particular in the form of photograph(s).

Samaya will organize the return procedures with the carrier of its choice, which it will inform the User of by any useful means. Samaya will bear the costs of this return.

The Products must be returned to Samaya in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Product returns that do not comply with the methods described above cannot be taken into account.

Samaya will carry out the necessary checks and propose a replacement of the Product as far as possible. If replacement of the Product is impossible, Samaya will refund the User the full price paid for the rental of the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which Samaya informed them of the impossibility of replacing the Product.

 

 

10. Obligations of Users

Users are solely responsible for the use they make of the Products. It is their responsibility to verify the adequacy of the Products to their specific needs prior to renting said Products.

They are also informed and agree that the rented Product is not in new condition, and that it has been reconditioned prior to its rental.

Users also undertake:

- to provide Samaya with valid information regarding their surname, first name, postal address, and email address;

- not to seek to obtain any property right over the Product;

- not to sub-rent the Product or assign their rights and obligations under these general terms and conditions to a third party;

- to use the Product peacefully in accordance with its intended purpose;

- to return the Product within the deadline set on the Site at the time of their order, under penalty of activation of the late penalties mentioned in Article 7.4;

- to return the Product in the condition in which it was made available to them. Any reservation regarding the condition of the Equipment must be indicated to the Lessor upon receipt of the Equipment at the address contact@location.samaya-equipment.com. The Lessor may require a security deposit from the client in an amount equal to the public retail price, inclusive of all taxes, of the product in the form of a credit card pre-authorization.

- to use the Product for personal use only.

 

 

11. Samaya's Liability

 

11.1. Samaya undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this capacity, Samaya reserves the right to momentarily interrupt access to the Site for maintenance reasons. Likewise, Samaya cannot be held liable for temporary difficulties or impossibility of accessing the Site that originate from circumstances outside its control, force majeure, or that are due to disruptions in telecommunication networks.

 

11.2. Samaya provides the User with no guarantee regarding the suitability of the Products for their needs, expectations, or constraints.

 

11.3. Samaya cannot be held liable for the non-performance or delay in the performance of rental contracts due to circumstances beyond its control or a case of force majeure, it being expressly specified that cases of force majeure include, in addition to those usually recognized by the case law of French courts: exceptional weather conditions, natural disasters, fires and floods, lightning, terrorist attacks, cases of breakdown or blockage of telecommunication networks, means of transport or postal services including due to strikes, damage caused by viruses for which existing security measures on the market do not allow for their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities which would have the effect of substantially modifying these general terms and conditions.

 

11.4. In any event, any liability that may be incurred by Samaya under these terms is expressly limited to direct, proven damages suffered by the Users.

 

 

12. Intellectual Property

The systems, software, structures, infrastructures, databases, and content of any kind (texts, images, visuals, music, logos, brands, databases, etc.) operated by Samaya within the Site are protected by all intellectual property rights or database producer rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any act of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without Samaya's authorization is strictly prohibited and may be subject to legal proceedings.

 

 

13. Personal Data

Samaya implements a personal data protection policy, the characteristics of which are set out in its Privacy Policy accessible via a direct link at the bottom of the Site page, which the User is expressly invited to read.

 

 

14. Modifications

Samaya reserves the right to modify these general terms and conditions of rental at any time. In this case, the applicable conditions will be those in force on the date of the User's order.

 

 

15. Language

In the event that these general terms and conditions are translated into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute regarding the meaning of a term or provision.

 

 

16. Governing Law and Dispute Resolution

These general terms and conditions are governed by French law.

A User not acting within the scope of their professional activity has the right to use a consumer mediator free of charge with a view to the amicable resolution of any dispute relating to the performance of these terms that may arise with Samaya, under the conditions provided for in Articles L611-1 et seq. and R152-1 et seq. of the Consumer Code.

To this end, they may contact the following consumer mediator:

CM2C, whose contact details are as follows: 14 rue Saint Jean, 75 017 Paris, and whose website is: www.cm2c.net

The Client will find information on this subject and the list of mediators on the following website: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur

Furthermore, the Client has the option of using the European Online Dispute Resolution (ODR) platform available by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Failing mediation, jurisdictional competence rests with the French courts, with the competent court being designated according to the rules of procedure in force in France at the time of the dispute.