GENERAL TERMS AND CONDITIONS OF RENTAL AND SERVICES
These General Terms and Conditions of Rental and Services constitute, in accordance with
article L. 441-1 of the French Commercial Code, the sole basis for commercial relations between
parties (hereinafter referred to as the “Terms and Conditions of Rental and Services” or the “Terms and Conditions”).
Their purpose is to define the conditions under which MOOBY, a French
limited liability with share capital of €10,000, registered with the
companies of Aix en Provence under number 907 871 875, whose registered office is located at 17
Allée de la Palun 13700 Marignane provides professional tenants who request it with
services and rental of furniture and equipment (hereinafter referred to as “services”).
collectively referred to as the “Equipment”) and planning consultancy services.
These General Terms and Conditions govern the Rental and Service Agreement between the
Tenant to MOOBY as defined herein. By accepting the quote
during the reservation process, the Tenant accepts the terms and conditions. We will
We recommend that you read them carefully.
Any reservation made or any order placed with MOOBY is worth
full and complete acceptance by the Tenant of the current GTC, to the exclusion of
any other document. These General Terms and Conditions take precedence over any other terms or conditions.
communication stipulated or not by the Tenant.
They exclude all general terms and conditions of purchase, services or orders from the
Tenant even if they appear on a purchase order accepted by MOOBY.
Unless expressly accepted in writing by MOOBY, no other conditions whatsoever may be imposed.
These GTC shall not take precedence over these GTC and shall not be enforceable against MOOBY.
MOOBY may at any time invoke any of the terms and conditions of the
these terms and conditions.
In accordance with the regulations in force, MOOBY reserves the right to derogate from
certain clauses of these General Terms and Conditions, depending on the negotiations conducted with the
Tenant, by establishing special conditions of Sale.
The information and data of any kind contained on the MOOBY website, the
MOOBY’s advertising materials, catalogs, leaflets and sales brochures do not
MOOBY may modify them at any time.
due to market trends.
1. QUOTATION – RESERVATION
The quotation specifies the terms and conditions of the rental: designation of the equipment to be rented, as well as
and its quantity; the price excluding VAT; the ancillary services and their pricing; the date, time and
delivery and collection address.
Any changes to these conditions must be requested in advance.
by the MOOBY Tenant.
Modification of the Rental conditions, if accepted by MOOBY, will be subject to the following conditions
The rates stipulated on the quotations are linked to the frequency and duration of the rental.
requested by the customer. These rates include equipment rental, but exclude handling,
insurance, transport, assembly/disassembly, which are invoiced separately
Rental of equipment and ancillary services is validated by the acceptance of
of the estimate by the Tenant. The quotation is sent to the Renter by MOOBY with
stipulation of all the conditions of the Rental.
Acceptance of quotation –
The quotation is accepted by the Tenant in accordance with the following terms and conditions:
– Return of the quotation signed by the Renter without any modification (by mail or fax).
– Transmission of an order form by the Tenant containing exclusively the
conditions of the quotation sent by MOOBY (it is reminded that the general conditions
purchase, service or order from the Tenant, including if they appear on a
order form accepted by MOOBY are not binding on MOOBY);
– Return of mail with express validation by the Renter without modification of the
Acceptance of the quotation by the Hirer must be accompanied by payment of 100% of the rental price.
of the total amount (including VAT) stipulated on the estimate, as well as the blocking of the tenant’s account.
a security deposit by bank transfer
An accepted quotation is equivalent to a reservation.
Rental Agreement –
Acceptance of the quotation in accordance with these terms and conditions, together with payment of the full amount of
and the security deposit is equivalent to a rental contract between MOOBY and the tenant.
Tenant (hereinafter referred to as the “Contract”). The Contract is personal and non-transferable. He
is concluded for the entire duration of the Rental and of the successful return of the equipment and
subject to full payment of the price.
Owing to stock availability and the conditions under which its business is carried out
activity, MOOBY expressly reserves the right to supply, instead of the material
equipment of equivalent value and function, which the Renter is entitled to purchase.
hereby expressly accepts. Tenant
The Contract price is established in accordance with the current price list in euros (€) and is calculated inclusive of all taxes.
The rates indicated on the quotations are adapted to the duration of the rental requested by the client.
the Tenant. These prices include equipment rental, excluding handling and insurance,
transport, assembly/disassembly, which are invoiced separately.
The rate accepted by the Renter may not be modified once the Contract has been concluded, unless otherwise agreed.
between the two parties.
Any equipment returned before the end of the rental period will not be refunded.
rates set out in the Contract.
3. CONDITIONS OF USE
The Hirer undertakes to use the equipment in accordance with its normal use for the entire duration of the contract.
the rental period.
The Tenant undertakes to ensure the maintenance and safety of the equipment placed under its control.
Any loss, breakage, theft or damage to equipment will be billed at the same rate.
at market value plus costs and expenses incurred in connection with its immobilization.
In the event of theft of the equipment, the Renter must, within forty-eight (48) hours from the date of
the moment he becomes aware of it, report the theft to the authorities.
and provide MOOBY with the complaint report,
Failing compliance with these provisions, except in cases of force majeure making it impossible to
of the complaint within the above-mentioned time limit, the Tenant will be
liable for all damage attributable to it, in particular that suffered by
the equipment up to its market value plus the costs and expenses associated with its
4. TERMS OF DELIVERY AND RETURN
When signing the Contract, both parties agree on the date and time of delivery to
a specific address. Any modification must be expressly requested in advance.
by the Renter and expressly accepted by MOOBY.
delivery of the material or the date and time may be invoiced.
Delivery includes the delivery by MOOBY of the material included in the Contract in
a place where access is easy and reasonable. All services
and handling not provided for in the Contract (stairs, steps, uneven ground, etc.).
foot…) may be invoiced by MOOBY in addition.
Delivery is accompanied by a delivery note which must be signed by the Tenant or by
a representative or agent of the Tenant. In addition, signing the delivery note
indicates agreement on the operation and condition of the equipment.
When taking possession of the equipment, the Renter checks that these items have been handed over and
the apparent condition of the equipment, with a view to making any reservations it deems appropriate. In the absence of a reserve,
the equipment is deemed to have been handed over to the hirer in apparent good condition.
Absence of signature due to the absence of the Tenant or a representative or agent
of the Tenant at the time of delivery, shall not call into question the finding made by the
MOOBY of the condition and operation of the equipment on the day of delivery of the equipment.
When the equipment is handed over, the burden of risk is transferred to the Tenant, who is responsible for
assumes material and legal custody under its own responsibility. Rental and custody
the day on which all the equipment is returned by the Tenant or taken back by the Tenant.
by MOOBY on the Tenant’s site.
Return/ pick-up of equipment-
When the Contract is concluded, both parties agree on the date and time of the resumption.
hardware to a defined address. All modifications must be requested in advance from
by the Renter and accepted by MOOBY. Any modification may be made
subject to additional billing.
The trade-in includes the recovery by MOOBY of the equipment included in the Contract in a single unit.
place with easy and reasonable access conditions. All ancillary services and
handling not provided for in the Contract (stairs, steps, uneven ground, etc.)
may be invoiced by MOOBY in addition.
The trade-in is accompanied by a trade-in voucher which must be signed by the Tenant or by an authorised representative of the Tenant.
representative or agent of the Tenant.
Signing the trade-in form indicates agreement with the operation and condition of the
Absence of signature due to the absence of the Tenant or a representative or agent
of the Tenant, cannot call into question MOOBY’s assessment of the state of the
and operation of the equipment on the day it is taken back.
The Tenant undertakes to return the equipment in the same state of cleanliness and
in the same original packaging conditions at the time of sale.
delivery. In the opposite case, MOOBY reserves the right to charge a return fee.
In the event of non-return, MOOBY may collect the amount of the guarantee as follows
that the amount corresponding to the equipment’s market value, including VAT, plus costs and
5. CONDITIONS OF PAYMENT
Payment is made in cash when the quotation is validated, up to the total amount.
of the quotation, all taxes included.
Settlement includes the price of the estimate agreed in advance by both parties.
Any other service not included in the initial estimate may be invoiced.
Payment is made by bank transfer using the MOOBY RIB shown on the
Any quotation not paid 24 hours before the date scheduled for the service may be called into question.
delivery of the material on the unilateral decision of MOOBY.
All payments will be accompanied by an invoice issued by MOOBY.
In the event of late payment of the sums due by the Tenant, after the
the payment date shown on the invoice sent to the latter, late payment penalties calculated
at the legal interest rate will be automatically forfeited to MOOBY, without any further
no formalities or prior notice.
In addition, any delay in payment shall automatically give rise to the application of a flat-rate penalty.
of forty (40) Euros, without prejudice to late payment penalties. Late payment
will result in the immediate payment of all sums owed by the Tenant, without
prejudice to any other action that MOOBY may be entitled to bring in this respect against
of the Tenant.
In addition, MOOBY reserves the right, in the event of non-compliance with the terms of payment
to suspend or cancel the delivery or provision of the above-mentioned services.
ordered by the Tenant and/or to suspend performance of its obligations.
6. DEPOSIT OF GUARANTEE
All bookings are subject to a security deposit, the amount of which is defined in advance in
according to quotation. It is intended to guarantee MOOBY payment of the rental, increased the
of any financial responsibility the Tenant may be liable for in the event of
damage to rented equipment or theft
The security deposit will be returned subject to the condition of the equipment following its
verification within a maximum of fifteen (15) days after return of the equipment.
The “security deposit” insurance of €50 including VAT is included and inseparable.
of the reservation.
7. CANCELLATION POLICY
Any total or partial cancellation of the reservation will be billed at 50% of the price of the reservation.
total amount of the reservation, including VAT.
If total or partial cancellation is made 72 hours before the event, 100% of the total amount will be charged.
VAT of the reservation will be charged. All cancellations must be made in writing by the
The equipment made available to the Renter remains the exclusive property of , MOOBY, even
for the duration of the Contract.
The Renter undertakes not to assign, lend or pledge MOOBY’s equipment.
The Tenant certifies that he/she is authorized to use the equipment which he/she undertakes to use himself/herself or
through its duly trained and authorized personnel. Lending and subletting
are prohibited. He undertakes to install and use the equipment reasonably, in accordance with
its intended use and the regulations in force, with care, respecting the instructions
and safety instructions laid down by regulations, the manufacturer and/or
MOOBY, distribute them to users and maintain it in good working order. It is
responsible for verifying the nature of the soil or subsoil at the site of use and the
respect for the rules governing the public domain and consideration for the environment. He
is prohibited from modifying, fitting out or transforming the equipment.
The Tenant shall refrain from removing or altering any property signs or inscriptions.
affixed to the equipment. The equipment may not be transferred or used as collateral. The Tenant
undertakes not to grant any rights in respect of the leased property to anyone else,
likely to affect enjoyment or limit availability or full ownership
MOOBY, the rental company cannot be held responsible for any loss or damage suffered by
the Tenant. In this sense, no sum can be requested from him whatever the
MOOBY is not responsible for the material and its use for the duration of the contract.
The Tenant is liable for the entire period of use of the equipment. In
In this respect, no compensation may be claimed by the Tenant for any damage or loss.
or injury to persons or property resulting from the use of this equipment.
The Tenant undertakes to take out civil liability insurance for the entire duration of the rental.
duration of the Contract.
Both parties undertake to meet the obligations of each, as defined in these
general rental conditions (except payment and cancellation conditions), except in the case of
In the event of non-performance by the Tenant of an obligation incumbent upon him/her, in particular non-performance of
return of the equipment or failure to pay an invoice by the due date, the Contract may be terminated.
automatically terminated by MOOBY to the detriment of the Renter 48 hours after formal notice by
unsuccessful registered letter with acknowledgement of receipt. In this case, MOOBY demands the return of
immediate return of the equipment without prejudice to sums due for rental periods
under penalty of the sanctions provided for in article 5. In any event, the lessee remains
cause responsible for the equipment and becomes its depositary within the meaning of Art 1915 of the Civil Code.
He has no right to use or dispose of it.
MOOBY may not be held liable if the non-performance or failure to perform of the
delay in the performance of any of its obligations described in the present conditions
force majeure. In this respect, force majeure includes any
an event beyond the debtor’s control that could not have been reasonably foreseen
at the time the contract is concluded and whose effects cannot be avoided by measures
appropriate, within the meaning of article 1218 of the French Civil Code.
Any dispute relating to the interpretation and execution of the present conditions shall be submitted to the courts.
French law. Failing amicable resolution, the dispute will be brought before the court
of MOOBY’s registered office.
13. DATA PROTECTION ACT
In accordance with the French Data Protection Act n°78-17 of January 6, 1978
liberties, the Renter is informed that MOOBY holds a file of personal data.
collected when the Rental Contract is signed. They are processed
enabling MOOBY to manage the rental and related operations, in particular the
invoicing, and to send commercial information to the Renter, where applicable.
They are intended, in whole or in part, for the MOOBY company.
Only MOOBY’s departments will have access to this data, as well as any other person.
who have a right of access under the law. This data will be kept for the duration of the
duration of the Contract and, where applicable, of the survey.
In accordance with legal provisions, the Tenant has :
– A right to object to the registration in a file and to the use of his or her personal data.
PERSONAL DATA ;
– The right to access, rectify and delete information concerning him/her,
by sending a request, together with proof of identity, by post to
MOOBY’s head office, whose address appears at the top of these GTC.