GENERAL TERMS AND CONDITIONS OF RENTAL

PREAMBLE

All rentals entered into with DAYTIME imply the Customer’s full, unconditional and irrevocable acceptance of these General Terms and Conditions of Rental. No document issued by the Customer shall prevail over these Terms and Conditions unless expressly accepted in writing by DAYTIME.
The fact that DAYTIME does not avail itself, at any given time, of any provision of these Terms and Conditions shall not be construed as a waiver of its right to enforce such provision at a later date.

1/ ORDERS AND SECURITY DEPOSIT

All orders must be placed in writing and specify a defined rental period. Each order shall give rise to a quotation indicating the availability of the equipment as of the date of issuance. The reservation shall only become final upon receipt by DAYTIME of the quotation duly signed “Agreed and Accepted” or a purchase order, together with any supporting documents and payments required. In the event of total or partial unavailability of the equipment at the time of confirmation, DAYTIME may propose equivalent equipment by issuing a revised quotation subject to the Customer’s acceptance.
Unless otherwise agreed in writing, any deposit or full payment indicated in the quotation must accompany the order. Orders are strictly personal to the Customer and may not be assigned or transferred without DAYTIME’s prior written consent.
A security deposit is required for all rentals. Its amount shall depend on the nature and value of the equipment rented and may be paid by bank card imprint, cheque or bank transfer. The security deposit shall be returned after inspection of the equipment upon return and settlement of all outstanding invoices.
Any order not accompanied by the required security deposit and/or payments shall not be honoured.

2/ ORDER CANCELLATION AND MODIFICATION

Any cancellation, whether total or partial, must be notified in writing.
Cancellations made more than 5 calendar days prior to the rental start date shall give rise to an invoice equal to 50% of the cancelled amount, without prejudice to reimbursement of costs already incurred.
Cancellations made less than 5 calendar days prior to the rental start date shall be invoiced at 100% of the order amount.
No reduction shall be granted for any modification or change of equipment after delivery. Any additional equipment shall require a new order and additional invoicing.

3/ PRICES

Prices are expressed in euros, exclusive of taxes, and exclude transport, insurance, installation, assembly and dismantling. Prices apply for the duration specified in the quotation.
Unless otherwise stated, prices are based on a weekly rental period. Rentals of 24 hours benefit from a 20% reduction. Rentals exceeding 7 days are subject to specific pricing.
Any use exceeding the agreed rental period must be authorised in advance and shall be invoiced accordingly.
The return date and time of the equipment are mandatory. Any delay shall be invoiced at the applicable current rate.

4/ DELIVERY AND INSTALLATION

Delivery, installation and collection services are chargeable and invoiced according to the applicable price list. These services are subject to a personalised quotation taking into account the volume of furniture, distance, working hours, site accessibility and any specific constraints. Any handling not included in the initial quotation and any waiting time shall be subject to additional charges.
Force majeure: DAYTIME shall not be held liable for any delay or failure resulting from force majeure or any event beyond its reasonable control, including but not limited to strikes, weather conditions, accidents or administrative restrictions.
Pick-up and return: When furniture is collected by the Customer or its representatives from DAYTIME’s premises, transport must be carried out by a professional equipped with suitable protective equipment (such as straps and covers). Failing this, DAYTIME reserves the right to refuse release of the furniture, and the Customer shall be responsible for arranging compliant collection.

5/ PROVISION AND RETURN OF RENTED EQUIPMENT

The Customer or its authorised representative must be present upon delivery and return. The Customer acknowledges that the equipment is in good condition and compliant with applicable standards, unless a written complaint is submitted within 24 hours following delivery. After this period, the equipment shall be deemed accepted without reservation.
A joint inventory shall be carried out upon delivery and return of the equipment, in the presence of the Customer. In the event of absence, only the inventory conducted by DAYTIME shall be deemed valid, without possibility of subsequent dispute.
The Customer undertakes to return the equipment in the same condition as when received and, where applicable, with all protective packaging, boxes or crates provided. Equipment shall be considered returned only after the return inventory has been completed.

6/ USE – REPAIR – NON-RETURN

The Customer undertakes to use the equipment strictly in accordance with its intended purpose and to ensure its proper maintenance to prevent damage. The Customer certifies that it is competent to use the equipment or to entrust its use to duly authorised and qualified persons. Any alteration or modification of the equipment is strictly prohibited.
The Customer is responsible for the proper maintenance and protection of the equipment throughout the rental period, including protection against damage, theft, loss, overload and adverse weather conditions. The Customer remains fully liable for any loss, damage or disappearance of the equipment. In the event of malfunction duly established, the Customer’s sole remedy shall be the replacement of the equipment, subject to availability.
Any missing, destroyed or unreturned equipment shall be invoiced at its replacement value, in addition to the rental price. Damaged equipment shall be invoiced at the cost of repair. Where applicable, a flat-rate refurbishment fee covering cleaning and routine maintenance may also be invoiced. This fee does not exclude invoicing for additional repairs or replacement if necessary.
DAYTIME reserves the right to deduct any sums due from the security deposit. Any balance shall be refunded after settlement.

7/ PAYMENT – LATE PENALTIES

An invoice shall be issued upon signature of the quotation. Unless otherwise agreed, invoices are payable in euros on the due date indicated. Payment shall be deemed effective only upon receipt of funds.
In the event of late payment, DAYTIME reserves the right to suspend all services without prejudice to any other remedies. Any amount unpaid on the due date shall automatically incur late payment interest calculated on the basis of the ECB refinancing rate in force, plus 10 percentage points. Failure to pay a single invoice shall render all outstanding invoices immediately payable.
Late payment shall also give rise to a fixed penalty equal to 15% of the sums due, as well as reimbursement of any legal or recovery costs.
DAYTIME reserves the right to offset unpaid invoices against any sums held, to require additional guarantees, or to modify payment terms in the event of a deterioration in the Customer’s financial situation.
Any dispute shall fall under the exclusive jurisdiction of the courts where DAYTIME has its registered office, notwithstanding multiple defendants or third-party claims.

8/ LIABILITY AND INSURANCE

The rented equipment shall remain the sole and exclusive property of DAYTIME. The Customer shall not assign, transfer, pledge, sublet, or otherwise dispose of the equipment, nor allow it to be seized or encumbered by any creditor.
The transfer of risks, as well as physical and legal custody of the equipment, shall occur upon the equipment being made available to the Customer, whether collected from DAYTIME’s premises or delivered to a location designated by the Customer. From that moment, the Customer shall bear sole responsibility for any loss, theft, destruction, or damage to the equipment, regardless of cause.
The Customer shall, at its own expense, maintain throughout the entire period of custody appropriate insurance coverage sufficient to insure its liability and the full replacement value of the equipment and/or installations. The Customer undertakes to take all necessary measures to preserve the equipment and to strictly comply with all safety instructions. As the organiser of the event or the operator of the premises at which DAYTIME performs its services, the Customer shall obtain all required permits and authorisations, ensure proper access to the site, and secure from its insurers any necessary extensions of insurance coverage.
The Customer agrees to indemnify, defend, and hold harmless DAYTIME from and against any claim, action, or recourse brought by its employees or any third party in connection with the services or rental, in particular arising from bodily injury or property damage attributable to the Customer, its employees, agents, or any person acting on its behalf. The Customer shall fully compensate DAYTIME for any loss, damage, cost, or expense resulting therefrom.
No claim by the Customer shall be admissible more than 48 hours after completion of the service or return of the equipment. Under no circumstances shall DAYTIME be liable for any indirect or consequential loss, including but not limited to loss of use, loss of business, commercial disruption, delay, or non-delivery, in particular where such loss results from a force majeure event or any cause beyond DAYTIME’s reasonable control (including, without limitation, accident, administrative restriction, general strike, or exceptional weather conditions).

9/ INTELLECTUAL PROPERTY AND CONFIDENTIALITY

These General Terms and Conditions do not entail any transfer of intellectual property rights to the Customer. All equipment, software, documentation, designs, technical information, creations, and any other materials belonging to DAYTIME shall remain its exclusive property.
As moral rights attached to a work are inalienable and non-transferable, only the author is entitled to grant economic exploitation rights. Consequently, where rented furniture, artworks, or decorative elements are protected by copyright, it shall be the sole responsibility of the Customer to obtain any necessary authorisations directly from the author or their rights holder, unless expressly agreed otherwise in writing in advance.
Any total or partial reproduction, representation, or use of DAYTIME’s catalogues, websites, visuals, or any other content is strictly prohibited without prior written consent. Any unauthorised reproduction or representation shall constitute an act of infringement and may give rise to civil and criminal penalties pursuant to Articles L.335-2 et seq. of the French Intellectual Property Code.
Subject to the Customer’s prior consent, DAYTIME may refer to the Customer as a commercial reference in its commercial or communication materials.
Each party undertakes to maintain the strict confidentiality of all written or oral information disclosed to it in the course of performing the order and to disclose such information solely to persons duly authorised to know it for the purposes of the execution of the order.

10/ PERSONAL DATA PROTECTION

DAYTIME collects and processes personal data relating to its Customers for the purposes of order management, delivery, invoicing, and payment processing.
Such data shall be retained for the duration of the contractual relationship and thereafter for the period required to comply with applicable legal and regulatory obligations. Personal data processed on the basis of consent shall be retained until such consent is withdrawn.
The data collected may include: surname, first name, postal address, email address, telephone number, profession, and date of birth.
DAYTIME undertakes not to sell, transfer, or disclose its customer database. However, certain personal data may be communicated to service providers or subcontractors strictly involved in the performance of the order (including delivery, invoicing, and payment services).
In accordance with the General Data Protection Regulation (GDPR), the Customer has the following rights at any time:
• Right of access to their personal data;
• Right to rectification or erasure;
• Right to restriction of or objection to processing;
• Right to data portability;
• Right to lodge a complaint with the competent supervisory authority.
The provision of certain personal data is necessary for the performance of the contract.
To exercise these rights, the Customer may contact: hello@daytimeparis.com. The Customer must provide proof of identity and specify the address to which the response should be sent.

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