These General Terms and Conditions define the conditions under which Proleez rents a “Pack” including : a Paintball Marker, a Mask and a Loader. The contractual documents binding Proleez and the user, subject to acceptance of the order by Proleez, are the “Rental Form” and these General Conditions (together the “Contract”) including in case of subsequent loss of the quality of user.
ARTICLE 1. ORDER
The leased Packs are those offered on the www.proleez.com website (“Site”). Unless otherwise indicated on the Site, the Packs are available during their duration of presentation on the Site.
Any order implies the full and unreserved acceptance by the user of the Contract. To place a remote order, the user must have a valid email address required to receive confirmation of his order sent by email. The user accepts and acknowledges that the validation by him of his online order manifests the proof of his consent to the said order. Pack orders are limited to 1 (one) per year per user.
Proleez carries out the necessary checks to take account of the order, in particular in order to detect and limit fraud. Proleez at which the user makes his order are the recipients of the data related to the user’s command. The non-transmission of the data in relation to the command prevents the realization and the analysis of the transaction of the user. The occurrence of an arrears due to the fraudulent use of a bank card or other means of payment will result in the registration of the contact details related to the order associated with this payment in an incident payment file Implemented by Proleez. An irregular statement or an anomaly may also be subject to specific treatment. As part of the order control service, Proleez may have to contact users by any means to validate a transaction and may, if necessary, ask for supporting documents (Identity document and RIB / Canceled check …). The user is informed that the failure or refusal to transmit the justified documents will prevent Proleez from granting a guarantee on the transaction concerned. In the absence of warranty, the order will not be accepted. The delay of transmission to Proleez of the requested parts can shift accordingly the shipment of the ordered pack.
ARTICLE 2. RIGHT OF RETRACTION
In the context of a remote control, the user has 14 days from receipt of the pack to exercise his right of withdrawal. To exercise the right of withdrawal, the user must notify his decision to withdraw, before the expiry of the aforementioned period, by means of a declaration without ambiguity, to the following address: Proleez, 36 rue Joseph Bouchayer 38100 Grenoble . The user will have to return the pack, in a condition specific to a new marketing, in its original packaging accompanied by all its accessories, notice and documentation to the address indicated above, without excessive delay, and in any state of Not later than 14 days following notification of the withdrawal decision. This time limit is deemed to be met if the user returns the pack before the expiration of the 14-day period. In the absence of restitution, Proleez will invoice the user for the price referred to in Article 9.2. The direct costs of return are the responsibility of the user. The user is solely responsible for the depreciation of the pack resulting from manipulations other than those necessary to establish the nature, characteristics and correct functioning of the pack.
Proleez will refund all amounts paid by the user in connection with the order, no later than 14 days from the date Proleez is informed of the user’s decision to withdraw, using The same means of payment as that which the user will have used for the initial transaction, unless the user expressly agrees to a different means.
This right of withdrawal can not be exercised when the pack has been made according to the particular specifications desired by the user.
ARTICLE 3. USE OF THE PROLEEZ PACK
The pack (including accessories) remains the exclusive, elusive and non-transferable property of Proleez. The elements of the pack can in no case be transferred or leased to a third party in any form whatsoever. The user will have the quality of guardian of the pack within the meaning of article 1384 of the Civil Code from the delivery of the pack and until its delivery to Proleez. It undertakes to keep all the elements of the pack throughout the duration of the Contract and to take the necessary care.
Throughout the term of the Contract, the user undertakes to use the pack in accordance with its intended purpose, the normally expected use of such equipment and to read the technical documentation and specifications of the manufacturer Arrangement with the pack.
In case of a failure of one of the elements of the pack, the user will inform Proleez without delay by telephone and return the product concerned by parcel post, in appropriate packaging to the address and according to the modalities indicated to him . In case of breakdown resulting from a defect inherent in the pack or a case of force majeure, Proleez repairs or exchanges (product of identical model or, if this device is no longer marketed or available, an equivalent product with technical characteristics Similar) the part of the defective pack during the term of the Contract. In the event of a failure resulting from a defect inherent in the pack or a case of force majeure, the user will be charged the cost of repairing the product concerned, The refusal of the estimate will lead to the immediate termination of the Contract by the user.
In case of disappearance or theft of an element of the pack, the user undertakes to inform Proleez. The user undertakes to make a declaration to the competent authorities in case of theft and to transmit a copy to Proleez. This notification of disappearance or theft in Proleez will result in the immediate termination of the Contract by the user.
Proleez recommends that the user take out insurance covering the risks associated with the detention of a competition paintball pitcher (theft, loss, breakage, etc.) and the obligations of the Contract.
ARTICLE 4. FINANCIAL CONDITIONS
The amount of the rents and the initial payment are those indicated on the data sheet of the package chosen at the time of subscription. These amounts are expressed in euros, all taxes included, and excluding delivery charges (unless otherwise indicated).
Rents due by the user under the Contract are invoiced monthly in advance. When subscribing to the Contract, the user expressly authorizes Proleez to issue a monthly invoice on a durable medium in electronic form. An invoice in paper form can be sent to the user if he requests it from Proleez.
The user pays his / her invoices by direct debit. Any late payment entails the application of a delayed interest invoiced to the user in the amount of 20 € / week of delay.
ARTICLE 5. DELIVERY
In the case of a remote order, the pack is delivered according to the delivery methods indicated on the Site. Without prejudice to the stipulations of article 2.1, the user is invited to check the pack on receipt and to make reservations if the pack delivered does not conform to its order or damaged. For the sole purpose of allowing Proleez to exercise any right of action against the carrier, these reservations must be formulated directly on the delivery note or sent to the carrier by registered letter with acknowledgment of receipt within 3 working days Delivery of the pack (in this case, a copy of this letter will be sent to Proleez).
ARTICLE 6. INFORMATION AND CORRESPONDENCE
During the term of the Contract, the user agrees to communicate to Proleez and to update its information of identifications and exact bank details. In all correspondence with Proleez, the user must mention his name, first name and customer reference. Incomplete applications can not be processed.
ARTICLE 7. DURATION
The Contract shall enter into force on its acceptance by Proleez and shall be concluded for an initial fixed term of 12 months. The contract is not renewed tacitly at the end of the 12 months.
ARTICLE 8. TERMINATION
The Agreement may be terminated by the User or Proleez during the initial term. In the event of termination by the user during the initial period, the user may be exempted from the payment of the remaining rents if there is a legitimate reason, such as death, detention for a minimum period of 3 months in a penal institution, dismissal of the user under a contract of employment of indefinite duration, force majeure within the meaning of the jurisprudence of the Court of Cassation. The termination of the Contract shall take effect at the end of the current month at the time of the receipt by Proleez of the request for termination accompanied by the supporting documents of the legitimate reason invoked. In the absence of a legitimate reason, the early termination will lead to the immediate payment of the remaining rents until the end of the initial term.
Either party may terminate the Contract after the sending of a formal notice that has not been effective for 8 days in the event of a breach of the obligations of either party. The following may constitute shortcomings attributable to the user:
– failure to regularize an incomplete or inaccurate file,
– non-payment of an invoice.
ARTICLE 9. RESTITUTION
The withdrawal or termination of the Contract, whatever the cause, entails an obligation for the user to return the pack under the conditions defined in Article 2.1 in the event of retraction, in good condition and use, With all its accessories within 30 days of the effective date of the cancellation, by sending Proleez to the address indicated in article 2.1, in a packaging ensuring appropriate protection in case of termination.
Except in case of force majeure, if the user does not restore the pack or restores it in a bad state of operation, Proleez will charge the user :
The public sale price of the pack in force on the day of the order on the Proleez site when the user fails to fulfill his obligation in the exercise of the right of withdrawal;
Or the lump sum associated with the package chosen at the time of its subscription and appearing on the contract when the obligation to return is not related to the exercise of the right of withdrawal.
ARTICLE 10. COMPLAINTS
In the event of a fault / complaint, the user can contact Proleez at the following addresses:
By e-mail at the following address: firstname.lastname@example.org
By mail to Proleez – 36 rue Joseph Bouchayer 38100 Grenoble
ARTICLE 11. PERSONAL DATA
The personal data of the user are intended for Proleez as well as for third parties such as subcontractors (who can operate outside the European Union) for the management of the Contract. The bank account of the user may be used by Proleez for the payment of any amount due and arising from a contract with Proleez. In accordance with the Data Protection Act of 6 January 1978 as amended, the user has the right to access, correct, delete and oppose data concerning him by sending a registered letter with notice To Proleez at the address indicated in Article 10, enclosing a copy of his identity document.
ARTICLE 12. SPECIFIC JURISDICTION
The Contract is governed by French law. Any litigation with professional users or traders, not settled amicably, will be the jurisdiction of the courts of jurisdiction of the Court of Appeal of Paris. For other users, the rules of legal competence apply.