Effective date: July 22, 2021

 

 

1. Purpose

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

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

The aim is to offer users a new model for consuming products, by preferring to rent them rather than buy them outright.

The purpose of these Terms and Conditions is to define the terms and conditions of the online rental and delivery of Products, and 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 at the date of the User's order.

These general rental conditions take precedence over any other general or special conditions not expressly approved by SAMAYA.

 

 

2. Seller's identity and contact

The Site is operated by SAMAYA, a French Société par Actions Simplifiée with share capital of €151,220, registered in 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 referred to as " Samaya" or "the Renter"), which offers the Products for rent.

Samaya can be contacted at the following address, in particular for any complaints:

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

E-mail address: contact@samaya-equipment.com

 

 

3. Legal capacity and acceptance of terms and conditions

3.1 Legal capacity

The Site is accessible :

- Any natural person with full legal capacity to enter into commitments under these terms and conditions. Individuals who do not have full legal capacity may only access the Site with the consent of their legal representative.

- 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 terms and conditions

Acceptance of these terms and conditions by the User is evidenced by a checkbox on the order form. This acceptance must be full and complete. Any conditional acceptance is considered null and void. Any User who does not agree to be bound by the present terms and conditions must not place an order on the Site.

 

 

4. Product features

Prior to any online order, and in particular in application of the provisions of article L111-1 of the French Consumer Code, the User may take note, on the Site, of the characteristics of each Product he/she wishes to order.

Products are offered for rent online while stocks last.

The User is informed and accepts that the Product ordered is rented as is, and that it may have been the subject of previous rental(s) before being reconditioned by Samaya.

The photographs and descriptions of the Products offered for rent online are as accurate as possible. They do not bind Samaya except for what is precisely indicated.

The User is however informed and accepts 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 his/her order.

 

 

5. Control

5.1. Placing an order

Any User may place an Order for one or more Products without first registering on the Site.

To place an order, the User must select the desired rental period and the Product of his choice, which he places in his basket. The User can access the basket summary at any time before the order is definitively validated, and can correct any errors in the information entered.

The order is deemed to have been received by Samaya when it can be accessed.

As part of the order process, the User is asked to provide contact details for delivery and billing purposes. All fields marked as mandatory must be filled in. Orders that do not include all the required information cannot be validated.

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

He/she is informed and accepts that this information is proof of his/her identity and commits him/her as soon as it is validated.

 

5.2. Order confirmation

Once the order has been placed, the User will receive an email confirming the order:

(i) summarizes the elements of the order 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 communicated at the time of ordering are correct and that they enable him/her to receive the order confirmation e-mail. If the User does not receive the confirmation e-mail, he/she should contact Samaya using the contact details given in article 2.

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

The order confirmation is deemed to have been received by the User when he/she can access it.

 

 

6. Prices and payment terms

6.1. Prices

Product rental prices are displayed on the Site.

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

Samaya reserves the right, at its own discretion and on terms to be determined by it alone, to offer promotional offers or price reductions.

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

The applicable price is that displayed on the Site at the time the User's order is registered.

 

6.2. Terms of payment

The full rental price of the Product selected by the User is payable at the time the order is placed for all one-off rentals.

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

In any case, the User is informed and accepts to pay a deposit to Samaya in the case of a rental subscription, the amount of which will be mentioned on the Site at the time of the Order.

Any delivery charges will be indicated on the Site.

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

The User guarantees Samaya that he/she has the necessary authorizations to use the chosen method of payment.

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 relating to the use of the Site.

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

 

6.3. Billing

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

 

6.4. Security deposit

The Hirer may require the customer to pay a security deposit equal to the public sale price (including tax) of the products, as indicated below. The security deposit takes the form of a credit card imprint.

The amount of the deposit will not be cashed if, when the Equipment is returned, it is found not to have been damaged.

Equipment: Sales price

Samaya INSPIRE2: €900.00

Samaya 2.0 : 1250,00 €

Samaya 2.5 : 1350,00 €

Samaya ASSAUT2 8K: €1300.00

Samaya BASECAMP: € 2000.00

Samaya3.0 : € 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 theGermany, Austria, Belgium, mainland France, Luxembourg, Netherlands.

 

7.2. Delivery methods

Products ordered on the Site are delivered to the address indicated at the time of the User's order as the "delivery address" (which may be different from the billing address).

Before validating the order, the User is informed of the possible delivery methods for the Product ordered, as well as the delivery times and costs corresponding to each of these methods.

The User must select the desired method of delivery and provide all the information required for effective delivery of the Product by this method.

 

7.3. Delivery times

The Site mentions, for each Product offered for rental, indicative delivery times according to 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 event of failure to deliver within the aforementioned period, the User may cancel the order by registered letter with acknowledgement of receipt, or in writing on another durable medium, if, after having enjoined Samaya, by the same means, to effect delivery within a reasonable additional period, it has not done so within that period.

The contract is deemed to have been terminated on receipt by Samaya of the letter or written notification of such termination, unless the customer has performed in the meantime.

In the event of termination of the contract as described above, the User will be reimbursed for all sums paid, including delivery charges, within 14 (fourteen) days of the date on which the contract was terminated.

 

7.4. Conditions for returning Products

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

 

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

 

Any damage to the Equipment will be charged to the User and penalties may apply if the Equipment is returned wet.

 

The amount of the repair will be determined on presentation of an invoice by the Hirer, in accordance with the schedule of charges below. If it is not possible to repair the Equipment, the damaged Equipment will be reimbursed in full at the current rates. Reimbursement will be made by deducting the amount due from the security deposit requested at the time of rental.

  

For each day of delay in returning the Equipment, the Tenant shall pay the price of the daily rental.

Repair type : Price

Removable Dyneema® top elastic missing or broken: €25

Hole less than 5 cm in Dyneema® or tent membrane: €25

Hole less than 10 cm in Dyneema® or tent membrane: €35

Hole greater than 10 cm in Dyneema® or tent membrane: €60

Closing a broken vent: €70

Closing the broken door: €110

Unsewn pocket bias: €25

Assembling the loose pocket: €90

Velcro: €20

Broken roll bar: €40

Broken shroud: €25

Holes of less than 1 cm in the pocket: €15

Holes larger than 1 cm in the pocket: €60

Missing or broken red tent buckle: €25

Adjusting a broken or missing shroud: €25

Broken or missing adjuster buckle: €25

Hole in sleeve: €35

Hole at end of sleeve: €25

 

In the event of failure to return the Rental Goods within two working days and after three unsuccessful attempts, at the rate of one attempt per day, on the part of the Hirer to recover the Rental Goods, the security deposit paid by the Hirer, corresponding to the full public sale price of the rented products, will be debited.

 

 

8. Cancellation

8.1 Cancellation by the customer

8.1.1 Renting via the Internet does not allow the right of withdrawal, which only applies to contracts for the sale or provision of services concluded at a distance.

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

8.1.3 If cancellation occurs :

• more than 7 days before the rental start date: the reservation fee 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 fee is retained by the Hirer.

8.1.4 There is no refund except in cases of force majeure :

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

• In the event of a false declaration at the time of booking.

 

8.2 Cancellation by the Renter

8.2.1 If SAMAYA is exceptionally unable to honor a reservation, the customer will be informed by e-mail or telephone, in order to cancel or agree with the customer on modifications to the reservation. If no alternative solution is found, SAMAYA undertakes to reimburse the reservation amount immediately and in full, to the exclusion of any other compensation.

 

 

9. Hirer's commitment

The Hirer undertakes to supply Products in very good condition and free from any defect.

If the User finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform Samaya at contact@location.samaya-equipment.com, indicating the nature of the defect, non-conformity or damage found and sending any useful evidence, particularly in the form of photograph(s).

Samaya will organize the return with the carrier of its choice, and will inform the User by any useful means. Samaya will bear the cost of the return.

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

Returns of Products that do not comply with the above conditions will not be accepted.

Samaya will carry out the necessary checks and, where possible, will propose a replacement for the Product. If it is impossible to replace the Product, Samaya will reimburse the User in full for the price paid for the rental of the Product and the corresponding delivery charges, by any appropriate means, as soon as possible and at the latest within 14 (fourteen) days of the date on which Samaya informed the User 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 suitability of the Products for their specific needs prior to renting said Products.

They are further informed and accept that the rented Product is not in new condition, and that it has been refurbished prior to rental.

Users further undertake:

- to provide Samaya with valid information concerning their surname, first name, postal address and e-mail address;

- not to seek to acquire any proprietary rights to the Product;

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

- to use the Product in accordance with its intended purpose,

- to return the Product within the period specified 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 reservations regarding the condition of the Equipment must be notified to the Hirer immediately upon receipt of the Equipment at contact@location.samaya-equipment.com. The Hirer may require the customer to provide a security deposit in the form of a credit card imprint in an amount equal to the retail price of the Product, including VAT.

- to use the Product for personal purposes only.

 

 

11. Responsibility of Samaya

 

11.1 Samaya undertakes to carry out regular checks on the operation and accessibility of the Site. In this respect, Samaya reserves the right to temporarily interrupt access to the Site for maintenance purposes. Likewise, Samaya cannot be held responsible for temporary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure, or disruptions to telecommunications networks.

 

11.2. Samaya does not provide the User with any guarantee as to the suitability of the Products to the User's needs, expectations or constraints.

 

11.3. Samaya shall not be held liable for non-performance or delay in performance of the rental contracts due to circumstances beyond its control or to force majeure, it being expressly stipulated that, in addition to those usually accepted by the jurisprudence of French courts, the following are considered to be cases of force majeure: exceptional weather conditions, natural disasters, fires and floods, lightning, terrorist attacks, disruption or blockage of telecommunication networks, means of transport or postal services, including as a result of strikes, damage caused by viruses which cannot be eradicated by the security measures available on the market, as well as any legal, regulatory or public order obligation imposed by the competent authorities which would have the effect of substantially modifying the present terms and conditions.

 

11.4 In any event, the liability that Samaya may incur hereunder is expressly limited to proven direct damage suffered by Users.

 

 

12. Intellectual property

The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by Samaya on the Site are protected by all intellectual property rights or database producers' rights in force. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Samaya are strictly prohibited and may be subject to legal action.

 

 

13. Personal data

Samaya has a policy of protecting personal data, 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 rental conditions at any time. In this case, the applicable conditions will be those in force at the date of the User's order.

 

 

15. Language

In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of contradiction or dispute as to the meaning of a term or provision.

 

 

16. Applicable Law and Dispute Resolution

These terms and conditions are governed by French law.

Users not acting in their professional capacity have the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute with Samaya concerning the performance of the present contract, under the conditions set out in articles L611-1 et seq. and R152-1 et seq. of the French Consumer Code.

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

CM2C, whose address is 14 rue Saint Jean, 75 017 Paris, and whose website is www.cm2c.net

Information on this subject and the list of mediators can be found on the following website: http: //www.economie.gouv.fr/mediation-conso/saisir-mediateur

In addition, the Customer may use the European online dispute resolution platform (RLL) available at the following link: https: //ec.europa.eu/consumers/odr/main/?event=main.home2.show

In the absence of mediation, the jurisdictional competence is that of the French courts, the competent court being designated according to the rules of procedure in force in France at the time of the dispute.