General conditions of sale and hire of products between a professional and private individual

Article 1 – Entirety The present general conditions express the entirety of the parties’ obligations. In this sense, the CUSTOMER is deemed to have accepted them without reserve. The present general conditions apply to the exclusion of all other conditions, in particular those applicable for in-store sales or sales by means of other distribution and marketing circuits. They can be accessed on the website and have priority over any other version and any contradictory document. EASYLINGE and the CUSTOMER agree that the present general conditions exclusively govern their relationship. EASYLINGE reserves the right to change its general conditions from time to time. Article 2 - Content The purpose of the present general conditions is to define the rights and obligations of the parties in the context of the online hire of products offered by the service provider, from the website. They relate to the following services: hire of linen for personal use, sale of accessories primarily such as duvets, pillows, bed linen, care products etc. The present conditions only concern hire transactions by buyers in France and delivered exclusively in French territory. For delivery outside France, please send a message about this to Article 3 - Pre-contract information 3.1 The CUSTOMER acknowledges that, prior to placing their order and concluding the contract, they have been provided in a comprehensible and legible form, with the present general conditions and all the information listed in article L. 221-5 of the French Consumer Code. 3.2 The following information is provided to the CUSTOMER in a clear and comprehensible manner: the essential characteristics of the service, the price of the service, all additional costs for transport, delivery or carriage and any other expenses, in particular the amount of penalties for the late return of products, information relating to the identity of the service provider, postal, telephone and electronic contact details, and their business activities, information about legal guarantees, functionalities of the digital content and any interoperability, the existence and conditions for implementation of guarantees and other contract conditions, payment, delivery and contract performance procedures, and the procedures for how professionals process complaints, the existence of and procedures for exercising the legal guarantee of compliance in accordance with articles L. 217-1 et seq. of the French Consumer Code, and likewise the commercial guarantee and after-sales service mentioned in articles L. 217-15 and L. 217-17 respectively of the French Consumer Code, the term of the contract. For any question relating to order tracking, the CUSTOMER should contact the platform managing their order at its address and number appearing on the order form, although a general email address exists ( Article 4 - The order The CUSTOMER places their order online, from the online catalogue and using the information provided (date and location) on the website. For the order to be confirmed, the CUSTOMER must accept the present general conditions by clicking at the place indicated on the website. Their acceptance will trigger the sending of a confirmation email from the service provider on its messaging service and in their personal space. The sale will be deemed definitive: after EASYLINGE sends the CUSTOMER an email confirming its acceptance of the order, and after receiving full payment. If the CUSTOMER does not collect the goods from a dedicated platform, they are notified that EASYLINGE can consider itself released from all obligations once a period of 7 calendar days has elapsed from the time of availability. The CUSTOMER may cancel their order up to 48 hours before the date scheduled for receipt or availability of the order. An order is deemed acceptance of the prices and descriptions of the services offered. In some cases, in particular failure to pay, incorrect address or another problem with the CUSTOMER’s account, EASYLINGE reserves the right to freeze the CUSTOMER’s order until the problem is resolved. If it is not possible to provide the service, in particular due to an order-processing error or the non-availability of products by the platform, the CUSTOMER will be notified by email. Cancellation of the order for this service and any reimbursement will then be made, while the rest of the order remains firm and definitive. Article 5 - Electronic signature The online provision of the CUSTOMER’s bank details and the final confirmation of the order will be deemed proof of the CUSTOMER’s agreement to the order and will be valid as: the due nature of the sums owing in accordance with the order form, signature and express acceptance of all operations carried out. In the event of fraudulent use of bank details, the CUSTOMER is asked, immediately this is discovered, to contact EASYLINGE at the following address: Article 7 - Product information The services governed by the present general conditions are those appearing on the service provider’s website and stated as being carried out by EASYLINGE or under its control. They are offered within the limits of the service provider’s capacities. The services are described and presented as accurately as possible. However, if any errors or omissions should have arisen with regard to this presentation, the service provider cannot be held responsible. The products governed by the present general conditions are those appearing on the service provider’s website and stated as being for hire by the service provider. They are offered within the limits of available stocks. EASYLINGE therefore reserves the right to offer equivalent products. The products are described and presented as accurately as possible. However, if any errors or omissions should have arisen with regard to this presentation, the service provider cannot be held responsible. None of the photographs or descriptions posted on the website by EASYLINGE has any contractual value and cannot form any commitment by EASYLINGE with regard to CUSTOMERS. Article 8 - Pricing 8. 1. Prices EASYLINGE reserves the right to change its prices at any time but undertakes to apply the prices stated at the time of order subject to availability on this date. Prices are those stated on EASYLINGE’s website, taking into account the information provided by the CUSTOMER (date, geographical zone). Prices are in euros. They do not include delivery costs which are charged in addition and are shown before an order is confirmed. Prices include the VAT applicable on the day of the order and any change to the VAT rate applicable will be automatically included in the product prices in the online shop. The price must be paid in full at the time of order. At no time can the sums paid be deemed deposits or payments on account. If one or more taxes or contributions, in particular environmental contributions, should be created or should change, whether up or down, this change can be passed on to the selling price of the products. The price is payable in full and in a single payment immediately at the time of order. 8.2. Calculation of the price The product hire price comprises a fixed part, for the hire commitment, and a variable part linked to the hire period of the products. Any use beyond this time will form the subject of special agreements and additional billing. Invoices are raised upon receipt of the goods hired by the CUSTOMER. Invoices are payable upon receipt. A CUSTOMER’s invoice or invoices are available in the CUSTOMER’s personal space on the EASYLINGE website. The CUSTOMER is informed that the early return of linen, i.e. before the end of the hire period they chose, will not give rise to any reduction of the price set at the time the contract was concluded. Article 9 – Payment terms 9.1. Payment The order is paid solely by debiting the CUSTOMER’s bank account. The CUSTOMER must enter their bank details at the time of order on the website. The order is payable in full and in cash on the day of the order, by any current standard mode of payment, at first presentation. EASYLINGE reserves the right to suspend any order management and any delivery in the event of refusal to authorise payment by officially accredited bodies or in the event of non-payment. If payment is refused, opposed etc., or if more generally payment is not made in full or only partial payment is made of any sum of money to the service provider, the CUSTOMER will automatically owe interest at the interest rate applied by the Central European Bank (CEB) to its most recent refinancing operation plus 10 percentage points. The CUSTOMER will also automatically owe a penalty equivalent to the inclusive sum of €50 for late payment and/or any payment difficulty. In particular, EASYLINGE reserves the right to refuse to make a delivery or to honour an order from any CUSTOMER who has not settled a previous order in part or in whole or with whom a settlement dispute is pending. Payments made by the CUSTOMER will only be considered definitive following actual receipt of the sums due, by the service provider. Article 10 - Availability of products Delivery means the transfer to the CUSTOMER of the physical possession or control of goods. This only occurs following confirmation of payment by the service provider’s bank. The products ordered are delivered in the following way: When ordering, the CUSTOMER chooses whether to collect the products from a depot, or to have them delivered to their address or another other place of their choosing. The CUSTOMER may, at their request, have an invoice sent to a billing address and not the delivery address, by confirming the option provided for this on the order form, If the CUSTOMER has elected to have their order delivered, this delivery will be made to the address provided by the CUSTOMER on their order form. The CUSTOMER must ensure it is accurate. If the CUSTOMER is not present on the delivery date, the courier will leave an attempted-delivery card in the letter box, which will allow the CUSTOMER to collect the package at the place and time stated. In this case, and likewise if the CUSTOMER is absent on the day of delivery or return, only the documents produced by EASYLINGE or its substitute with regard to the details (number, quantity, quality) of the linen delivered or returned will be authoritative. Article 11 - Delivery errors 11.1. If at the time of delivery, the original packaging is damaged, torn or open, the CUSTOMER must then check the condition of the items. If they are damaged, the CUSTOMER must refuse the package and issue a reserve on the document provided (package refused as open or damaged). To this end, the CUSTOMER shall state on the document provided and in the form of handwritten reserves accompanied by their signature, any anomaly relating to the delivery (damage, product on the delivery note missing, package damaged, broken products etc.). This check is deemed to have been made once the CUSTOMER, or someone authorised by them, has signed the delivery note. The CUSTOMER shall then, by registered post, confirm these reserves to the courier firm no later than two working days following receipt of the item or items, and shall send a copy of this letter by fax or post to the service provider at the address provided in the website’s legal Information. 11.2. If the package is open, the CUSTOMER shall notify the service provider on the day of delivery, of any claim about a delivery error and/or products not being as stated on the order form in terms of type or quality. Any claim made after this time will be disregarded. If the package is not open, the CUSTOMER has a period of 48 hours from receipt of the product to make the claims stated in the previous paragraph. A claim made by the CUSTOMER about a delivery error or any other difficulty shall be sent by email to the following address: Any claim not made in accordance with the above rules and within the allotted periods cannot be considered and will release EASYLINGE from any liability with regard to the CUSTOMER. In the event of a delivery error, any product to be reimbursed shall be returned to the service provider in its entirety and in its original packaging. The service provider will be responsible for the costs of return. Article 12. Use – Care The CUSTOMER undertakes to use the goods hired in accordance with their normal use and not to do anything or let anything happen which could damage them. Throughout the hire period, the CUSTOMER is obliged to ensure the care of the hired goods, to protect them from damage, vandalism, overload, bad weather, rain, wind, snow, ice etc. and likewise shall take all necessary care to use and store the hired linen in good conditions. The CUSTOMER formally undertakes not to have linen or clothing belonging to EASYLINGE laundered or maintained by another other business for any reason whatsoever. Any breach of this undertaking will expose the CUSTOMER to immediate payment of the full value of the items supplied to them by EASYLINGE. As a consequence of the foregoing, any damage caused to the fabric as a result of misuse, inappropriate use, negligence, or more generally failure to comply with recommendations, above, the CUSTOMER undertakes to indemnify EASYLINGE for any demand made to it in this regard, in accordance with the assessment made by the service provider. Article 13 - Return of products supplied - maximum hire period - penalties In the event of any difficulties or change to the conditions or periods for return of linen, the CUSTOMER undertakes to inform the platform responsible; its identity and location will be provided at the CUSTOMER’s request. In the event of late return, or in the event of the returned linen being damaged, to any extent, the customer will be billed for the cost of replacement of the item, as follows:   ITEMS UNIT PRICE EXCL. TAX IN € SHEET 90 8.70 SHEET 140-160 11.20 SHEET 180  13.20 DUVET COVER 90 18.50 DUVET COVER 140-160  20.60 DUVET COVER KING SIZE 24.40 PILLOWCASE 1.86 BATH SHEET  6.60 TOWEL 3.20 BATH MAT  4.40 BEACH TOWEL 16.90 TABLE NAPKIN  1.56 TABLECLOTH 100 x 100 6.64 TABLECLOTH 140 x 140 12.60 TABLECLOTH 180 x 180 20.80 TABLECLOTH 210 x 210 26.00 TABLECLOTH 240 x 240  34.0 TEA TOWEL 0.66   The CUSTOMER hereby agrees to the sums billed in the event of late return or non-return being debited from the customer’s bank account used for the transaction. In the event of return not to the place where possession was taken, the CUSTOMER will be debited and billed for the associated costs of transport or transfer, which the CUSTOMER hereby accepts. Article 14 – Linen bag The CUSTOMER is advised that EASYLINGE hires its linen in linen bags to protect and identify it. The CUSTOMER must return this bag, at the conditions stated in article 13 below, at the same time as their linen, otherwise they will be liable to payment of an indemnity equal to one and a half times the purchase cost of the said bag. Article 15 - Guarantee EASYLINGE guarantees the CUSTOMER against any non-conformity of its services and any hidden defect arising from a design fault or fault in the provision of said services excluding any negligence or fault by the CUSTOMER. In any event, if the service provider’s responsibility should be claimed, the service provider’s guarantee will be limited to the amount, excl. tax, paid by the CUSTOMER for the provision of the services. Article 16 - Transfer of risk – Reservation of proprietary rights Transfer of ownership and associated risks of loss and damage will occur following payment of the price by the CUSTOMER. The products travel at EASYLINGE’s risk. The CUSTOMER is alone responsible for any damage, loss, theft or destruction whatever the cause may be. EASYLINGE retains full ownership on its account or on the account of the party holding them, for the goods forming the subject of the contract and may demand the said goods or their counter-value from whoever is holding them. Article 17 - Force majeure Any circumstances beyond the control of the parties, preventing the performance of their obligations at normal conditions, are deemed causes of exoneration from the parties’ obligations and result in their suspension. The party which invokes the circumstances stated above shall immediately notify the other party of their occurrence and their disappearance. Article 18 - Intellectual property The content of the website (technical documents, drawings, photographs, etc.) remains the property of the service provider which is the sole holder of the intellectual property rights over this content. Purchasers undertake not to make any use of this content; any full or partial reproduction of this content is strictly forbidden and may constitute an offence of counterfeiting. Article 19 - Data protection The personal data provided by the CUSTOMER are necessary to process their order and raise invoices. They may be passed to the service provider’s partners which are responsible for the performance, processing, management and payment of orders. The processing of information passed via the website has formed the subject of a declaration to the CNIL (French Data Protection Commission). The CUSTOMER has a permanent right of access, modification, correction and opposition over information about them. This right can be exercised at the conditions and by the methods set out on the website. Article 20 - Partial invalidity - Non-waiver provision If one or more stipulations of the present general conditions are held to be invalid or are declared as such in application of a law, regulation or definitive ruling of a competent jurisdiction, this will not affect the force and scope of the other stipulations. Article 21 - Law applicable - Allocation of jurisdiction The present general conditions are subject to application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to substantive rules and formal rules alike. In the event of a dispute or complaint, the CUSTOMER will turn first to the service provider to reach an out-of-court resolution. If the parties do not manage to do so, they will bring the dispute before the Courts competent for the location of the service provider’s registered office. Article 22 – Cooling-off period The Consumer Code offers the consumer and businesses (at the conditions of article L121-16-1 III) a cooling-off period of 14 days from conclusion of contract (service provision), on condition that the linen-hire service provision has not been carried out during this period, or from receipt of goods (sale of goods). Cancellation during this cooling-off period can be by email to the following address:, stating that the CUSTOMER wishes to exercise this right in unambiguous terms. If this cancellation right is exercised within the aforesaid allotted period, the price of the contract service bought is reimbursed. The service provider will be responsible for the costs of return. Reimbursement will be made within a period of 14 days from receipt, by the service provider, for products returned by the CUSTOMER at the conditions set out above. If this cancellation right is exercised within the aforesaid allotted period, the price of the contract service bought is reimbursed. The service provider will be responsible for the costs of return. Reimbursement will be made within a period of 14 days from receipt, by the service provider, for products returned by the CUSTOMER at the conditions set out above.