GENERAL TERMS AND CONDITIONS OF RENTAL FOR PROFESSIONALS
PREAMBLE
These general terms and conditions apply to any rental contract for exhibition stands and reusable exhibition solutions for trade shows and exhibitions, as well as communication materials, accessories, and complements, concluded between the LESSOR and the
professional LESSEE, who acknowledges having read and accepts them, without restriction or reservation.
The parties agree that any other document issued by the LESSEE, particularly its general purchasing conditions, are never enforceable against the LESSOR.
The LESSOR reserves the right to supplement these general rental conditions with special conditions that shall prevail in case of contradiction.
The applicable GTC are those in force at the time the Order is placed.
When the LESSEE is not the user of the rented EQUIPMENT, and subject to the LESSOR’s express agreement for a sublease, they undertake to have the user of the EQUIPMENT sign these general conditions. The LESSEE and the user are jointly and severally liable for their execution, particularly for payment of invoices.
For contract execution, the LESSEE must provide and justify essential information for establishing the rental contract, namely an up-to-date Kbis extract as well as the manager’s identity document.
ARTICLE 1: DEFINITIONS
“The LESSEE”: professional, natural or legal person in whose name the rental contract is established.
“The LESSOR”: WONDERSTAND Company, single-member limited liability company with capital of €1,000, registered office at 72 avenue Pasteur, 78630 ORGEVAL, VERSAILLES RCS 983 329 491
“The EQUIPMENT”: reusable exhibition stands and solutions, communication materials, as well as their accessories and complements rented for the duration of the rental contract. The rented EQUIPMENT is the property of the LESSOR.
“THEFT”: vandalism, theft of accessories, and attempted theft are considered equivalent to theft.
“DAMAGES”: any damage occurring to the EQUIPMENT.
ARTICLE 2: NATURE OF THE CONTRACT
Any order placed by the LESSEE with the LESSOR constitutes a lease of things within the meaning of articles 1709 and 1713 et seq. of the Civil Code.
ARTICLE 3: ORDER
3.1 Order procedures
Prior to ordering, the LESSEE must communicate the characteristics and configuration of the desired exhibition stands and solutions, as well as the installation configurations to which they will be subjected. They must also indicate the communication materials, accessories, and complements they wish to rent.
The LESSEE must order the chosen EQUIPMENT in writing (letter, fax, email…) to the LESSOR. The absence of a written order releases the LESSOR from any liability regarding delay in making available or inadequacy of the EQUIPMENT.
3.2 Order cancellation
The order may be cancelled free of charge by the LESSEE up to 1 business day before the shipment date of the rented EQUIPMENT from the LESSOR’s warehouses as specified in the order form.
The LESSEE wishing to cancel their order must inform the LESSOR by email or letter to the address appearing on the order form at least 1 business day before the EQUIPMENT shipment date from the warehouse as specified in the order form.
Except in cases of force majeure and except for provisions stipulated in special conditions, no postponement or cancellation of order may be made without written acceptance by the LESSOR. Otherwise, compensation at least equal to half of the expected price will be due, with incurred costs having to be reimbursed in all cases.
Order cancellation made up to 1 business day before EQUIPMENT shipment from the warehouse will not result in charges for the LESSEE. In the event that the estimated rental cost had been paid by the LESSEE totally or partially at the time of ordering, the amounts paid on this occasion will be refunded by the LESSOR to the LESSEE within a maximum of 15 days from notification of cancellation.
ARTICLE 4: EXERCISE OF RIGHT OF WITHDRAWAL BETWEEN PROFESSIONALS
4.1 Application conditions
The right of withdrawal of a professional is likely to apply if the following conditions are cumulatively met:
- The contract is concluded off-premises, i.e., outside the place where the professional usually conducts their business (a distance contract is not an off-premises contract).
- The subject matter of the contract does not fall within the company’s main field of activity,
- The number of company employees is less than or equal to five.
4.2 Exercise of right of withdrawal
If the 3 cumulative conditions mentioned in article 12.1 are met, the LESSEE may withdraw within 14 days from the conclusion of the rental contract, i.e., from the order date.
In this case, delivery cannot be made and the rented EQUIPMENT shipped until expiration of the 14-day period, unless the LESSEE benefiting from this right of withdrawal expressly waives it in writing by sending an email or letter to the LESSOR.
The LESSEE wishing to withdraw from their order must inform the LESSOR by email or letter to the address appearing on the order form within 14 days following the order date.
ARTICLE 5: RENTAL DURATION
5.1 Rental duration calculation
The EQUIPMENT rental duration is calculated in 24-hour increments.
The LESSEE undertakes to return the EQUIPMENT to the LESSOR on the date and time specified in the rental contract under penalty of civil and criminal legal proceedings. Beyond 10 hours exceeding the agreed return time, the LESSEE will be charged for an additional rental day per started delay period as well as an additional fixed late penalty of 50 euros per 24-hour delay period starting from 24 hours of delay.
5.2 Additional rental time
Any request for rental of additional day(s) must be the subject of a new order, previously accepted by the LESSOR, and gives rise to the conclusion of a new rental contract at the LESSOR’s premises.
In the absence of written agreement for a possible extension, and except in cases of force majeure, the LESSOR reserves the right to retrieve the EQUIPMENT wherever it is located at the LESSEE’s expense.
ARTICLE 6: RENTAL PRICE AND PAYMENT
6.1 Rental price
The rental price is calculated according to rates in force at the time of order.
Rental prices include the EQUIPMENT as well as its round-trip transportation.
They do not include additional costs of any nature whatsoever, which remain the responsibility of the LESSEE.
6.2 Payment deadline
The rental price must be fully paid by the LESSEE at the time of order.
6.3 Late payment
In case of non-compliance with payment deadlines, even partial, the LESSEE will automatically owe late payment interest equal to three (3) times the applicable legal interest rate per business day of delay from the day following the due date, until full payment of the invoice, in addition to billing a fixed compensation of 40 euros for collection costs.
In this case, the LESSOR reserves the right to suspend any new rental until full payment of its claim.
Non-payment of an invoice at the expected due date will make any other unmatured claim immediately payable.
ARTICLE 7: MAKING THE EQUIPMENT AVAILABLE
The EQUIPMENT is made available to the LESSEE at the LESSOR’s premises, or at any other location as specified in the order.
7.1 Receipt of EQUIPMENT
The EQUIPMENT as well as any accessories and complements made available to the LESSEE and received by them are deemed to be in good working order, presentation, maintenance condition, and to possess the characteristics requested by the LESSEE.
An initial condition report will be prepared and signed by the parties when the EQUIPMENT is made available to the LESSEE. It indicates the descriptive condition of the EQUIPMENT at departure.
Upon receipt of the EQUIPMENT, the LESSEE undertakes to sign the initial condition report of said EQUIPMENT as soon as it is made available. In the absence of signature or mention of any reservation, the EQUIPMENT is deemed delivered in perfect condition, particularly in terms of operation.
Upon receipt of the EQUIPMENT, the LESSEE must report to the LESSOR any apparent defect not appearing on it so that these observations are added to the condition report by the LESSOR. Otherwise, the LESSOR is deemed to have delivered EQUIPMENT conforming to the descriptive condition and cannot take into account complaints concerning apparent damage that was not reported at the time of departure and mentioned on the condition report.
7.2 Delay or impossibility of making available
In case of delay or impossibility of making available the ordered EQUIPMENT resulting from force majeure, particularly bad weather, regulatory changes, delays in transportation or returns from previous rentals, force majeure, strikes, no compensation will be due by the LESSOR to the LESSEE.
In particular, the LESSOR declines all liability towards the LESSEE in case of delays, modifications, any financial and/or operational consequences due to epidemics – such as COVID-19 or similar viral epidemics, quarantine restrictions, governmental decisions involving restrictions on the mobility of goods, services or people, EQUIPMENT availability, or any other event that may impact the LESSOR’s business or its ability to execute the contract. However, the LESSOR undertakes to implement all necessary measures to minimize impacts and consequences of these events as much as possible.
The LESSOR will keep the LESSEE strictly informed of all difficulties encountered and measures implemented to minimize their effects.
In case of proven damage resulting from a delay in order fulfillment exclusively attributable to the LESSOR, the LESSEE may apply penalties of a liberating nature equal to 0.1% of the order’s pre-tax price per calendar day of delay, capped at 5% of the order’s pre-tax amount.
7.3 Sublease
The LESSEE cannot in any way transfer the benefit of the rental contract to a third party without the LESSOR’s prior agreement.
In case of written agreement from the LESSOR for subleasing the EQUIPMENT, the LESSEE undertakes to have the sub-lessee user of the EQUIPMENT sign these general conditions and to send a copy to the LESSOR. The LESSEE and the sub-lessee user are jointly and severally liable for execution of the rental contract, particularly for payment of invoices.
ARTICLE 8: USE OF EQUIPMENT
8.1 Use of EQUIPMENT
The LESSEE undertakes to use the EQUIPMENT in accordance with its intended purpose, the user manual and explanatory video provided by the LESSOR, and applicable regulations.
The LESSEE undertakes to return the EQUIPMENT at the end of the rental in the condition in which they received it when made available, subject to normal wear related to its use.
They undertake to respect the use for which the EQUIPMENT was rented. The LESSOR assumes no direct or indirect liability due to malfunctions or damage occurring following non-compliant use of the EQUIPMENT by the LESSEE with regard to the user manual. Installation, assembly, and disassembly of the EQUIPMENT are carried out under the LESSEE’s responsibility, in accordance with conditions provided in the user manual.
The LESSEE is solely responsible for the use and implementation of the EQUIPMENT.
The LESSOR will carry out routine maintenance of the EQUIPMENT. The LESSEE must take all necessary measures to ensure public safety when using the EQUIPMENT, particularly by complying with instructions in the user manual as well as various applicable regulations.
8.2 Malfunctions and repairs
In case of breakdown, anomaly, defect, degradation, or malfunction observed on the EQUIPMENT, the LESSEE must immediately cease its use and inform the LESSOR as soon as possible.
Any repair can only be carried out by the LESSOR or by a person expressly designated by them.
Repairs due to non-compliant use, accident, or negligence by the LESSEE are at the LESSEE’s expense and may not give rise to suspension of the rental contract.
8.3 EQUIPMENT immobilization
If, during the rental and whatever the cause, the EQUIPMENT suffers damage requiring repairs, the rental will be extended by the immobilization duration of the EQUIPMENT until complete repair.
ARTICLE 9: RETURN OF EQUIPMENT
Making available ends with the return of EQUIPMENT to the LESSOR’s premises or at any other location specified in the order.
9.1 Return procedures
There can be no partial return.
At the expiration of the rental duration, the LESSEE will organize to allow return to the LESSOR of the EQUIPMENT in the condition in which they received it when made available, clean, properly stored, with all its accessories and complements.
The EQUIPMENT’s reception condition will be recorded by the LESSOR by taking photographs that will be sent to the LESSEE as soon as possible.
In the absence of returning equipment in good condition, all restoration and/or replacement services justified on the basis of a quote communicated to the LESSEE will be invoiced to them upon return. Cleaning costs may be invoiced to the LESSEE at a flat rate of 150 euros including tax.
In the event that return would require, due to the LESSEE, repatriation, corresponding costs will be invoiced to the LESSEE. The LESSEE’s liability is engaged until the end of the rental contract, except in cases of force majeure.
In case of theft, the rental contract is terminated upon transmission to the LESSOR of the complaint filed by the LESSEE with competent authorities.
9.2 Delay in return
Any delay in return, after expiration of the rental duration, will give rise to payment of compensation as provided in article 4.2 “
Additional rental time” of these general conditions.
ARTICLE 10: LIABILITY
10.1 LESSEE’s liability
From the time the EQUIPMENT is made available, its material and legal custody is transferred to the LESSEE who bears all risks until its effective return to the LESSOR.
Throughout the rental duration, the LESSEE is presumed responsible for all bodily, material, or immaterial damage caused by use of the EQUIPMENT, both towards the LESSOR and third parties.
10.2 LESSOR’s liability
The LESSOR’s liability can only be engaged for damage resulting from a hidden defect in the rented EQUIPMENT.
The LESSOR and its insurers cannot in any way be held liable for any immaterial damage, particularly loss of profits suffered by the LESSEE.
10.3 Limitation period
Contractual liability actions of the LESSEE against the LESSOR and vice versa, with the exception of debt collection actions, are time-barred within one year from the day the event subject of such action occurred.
10.4 Force majeure
The LESSOR or LESSEE cannot be held liable for any non-performance or delay in performance of any of their obligations arising from force majeure, as defined in article 1218 of the Civil Code and interpreted by case law.
The party invoking force majeure must inform the other party in writing without delay of the duration and foreseeable consequences of the event constituting force majeure.
ARTICLE 11: INSURANCE
The LESSEE acknowledges having taken out at their expense with one or more notoriously solvent insurance company(ies), insurance policies guaranteeing civil liability they may incur as a result of their professional activities, particularly in their capacity as exhibitor, and use of rented EQUIPMENT, and particularly covering rented equipment at its new value.
Before any EQUIPMENT is made available, the LESSEE undertakes to certify to the LESSOR subscription of policies referred to in the preceding paragraph and payment of premiums.
ARTICLE 12: CONTRACT TERMINATION
The LESSOR reserves the right to terminate the contract without notice in case of use of EQUIPMENT not conforming to the order, or contrary to safety rules, or in case of non-compliance with the LESSEE’s insurance obligation.
In case of non-performance by the LESSEE of their obligations under the rental contract, the LESSOR may terminate within 8 days from sending a formal notice letter that remains without effect.
The rental will be automatically terminated in case of cessation of the LESSEE’s activity, whatever the cause.
In case of contract termination for any reason whatsoever, the LESSEE will immediately return the EQUIPMENT to the LESSOR in good maintenance condition with its accessories and complements.
ARTICLE 13: LANGUAGE – APPLICABLE LAW – DISPUTES – JURISDICTION
By express agreement between the Parties, these General Rental Conditions and resulting rental operations are governed by French law.
They are written in French. In the event they are translated into one or more languages, only the French text would prevail in case of dispute.
For any information, question, or complaint, the LESSOR is the LESSEE’s preferred contact to provide a response and/or solution. The LESSEE may address the LESSOR as first recourse.
IN CASE OF DISPUTE OR CONTESTATION RELATING TO THESE GENERAL CONDITIONS OR THE RENTAL CONTRACT AND IN THE ABSENCE OF AMICABLE SETTLEMENT WHICH THE PARTIES WILL ENDEAVOR TO REACH BEFOREHAND, BY EXPRESS AGREEMENT AND SUBJECT TO MANDATORY LEGISLATION IN FORCE, THE VERSAILLES COMMERCIAL COURT SHALL HAVE SOLE JURISDICTION FOR ANY DISPUTE RELATING TO THIS CONTRACT, EVEN IN CASE OF WARRANTY CLAIM OR MULTIPLE DEFENDANTS.
ARTICLE 14: PERSONAL DATA
In the context of executing pre-contractual measures or the contract concluded with the LESSEE, WONDERSTAND company is required to collect, as Data Controller, personal data relating to the LESSEE or their employees or agents, and to keep them for a period not exceeding the purposes for which they were collected.
This information is processed and stored under conditions aimed at ensuring their security, integrity, and confidentiality in accordance with applicable regulations.
In accordance with applicable regulations regarding personal data protection, the LESSEE has a right of access, rectification, deletion, and portability of their data, as well as a right of objection and limitation to all data concerning them. When processing is based on consent, the LESSEE may withdraw their consent at any time.
These rights are exercised:
– either by writing to the following address: 72 avenue Pasteur 78630 Orgeval
– or by email maxime@wonderstand.fr
The LESSEE may at any time exercise their right of appeal with the competent Authority regarding personal data protection (CNIL).