ROAD BIKE RENTAL SPECIALIST
ANNECY . HAUTE-SAVOIE . FRANCE

ARTICLE 1. SCOPE

These General Terms and Conditions of Sale and Services (hereinafter the “GTC”) govern the contractual relationship between, on the one hand, Gruppetto / Service Course (Annecy Trade and Companies Register no. 498 603 356), having its registered office at 16 rue de Verdun – 74940 ANNECY, and, on the other hand, each customer (hereinafter the “Customer” or “Customers”), whether a natural person or a legal entity, consumer or professional.
These terms and conditions of sale shall prevail over any other general or specific terms and conditions not expressly accepted by the Company.

ARTICLE 2. ORDERS AND BOOKINGS

2.1. Any booking, by whatever means, implies acceptance of these GTC.
2.2. Services may be booked via the website www.gruppetto.fr, or by returning to the Company the offer issued to the Customer, duly signed, within the validity period of the proposal.
The Company shall only be bound by the commitments expressly set out in these GTC and in its price list or offer. Unless otherwise stated, any offer shall remain valid for 30 days from the date of issue.
2.4. Any order placed by the Customer constitutes a firm and final commitment on the Customer’s part.

More generally, any specific request or any change to the Customer’s request that is not covered by the quotation or the booking shall be subject to the Company’s prior acceptance.
Any total or partial cancellation of an order shall be handled in accordance with Article 9 of these Terms.

ARTICLE 3. COLLECTION OF THE BICYCLES

The Customer must arrive at the meeting point communicated by the Company upon order confirmation, at the time specified in such confirmation.
The Customer must be in possession of their online booking confirmation or the signed offer.
Proof of identity may be requested from each Customer in order to verify their identity.
No booking may be made at the bicycle collection point; rental is available exclusively via the website.
The Customer takes possession of the equipment in good working order. The Customer must make any complaint to the rental provider at the time the equipment is collected.

ARTICLE 4. RETURN OF THE BICYCLES

The Customer must return the equipment to the rental provider at the end of the rental period defined in the rental agreement and during opening hours. The equipment, together with all accessories made available by the rental provider (helmets, etc.), must be returned in impeccable condition. If the renter has lost or damaged any accessories, these shall be invoiced. Material damage shall be invoiced at the published rates.

ARTICLE 5. EXTENSION OF THE RENTAL PERIOD

An extension of the rental agreement is only possible with the Company’s consent before the end of the current rental period. The Company may refuse such extension without giving any reason.

ARTICLE 6. INVOICING AND PAYMENT

6.1. The Services and Products offered by the Company are supplied at the rates in force, in particular those shown on the website www.gruppetto.fr, on the date of the Customer’s final order confirmation. Prices are expressed in Euros, exclusive or inclusive of VAT.
These rates are firm and non-revisable during their validity period. Outside such validity period, the Company reserves the right to amend its prices at any time.
6.2. Unless otherwise agreed between the parties, payment of 100% of the order amount shall be required.
For online bookings, payment shall be made by bank card at the time of the order.
6.3. Prices take into account the VAT applicable on the date of the order. Any change in the VAT rate may be reflected in the prices of the Products and/or Services.
6.4. Payment deadlines may not be deferred on any grounds whatsoever. Any sum not paid on its due date shall automatically give rise, from the day following the due date, to late payment penalties equal to ten times the legal interest rate. Late payment penalties shall be payable without the need for a reminder. A fixed indemnity of 40 euros shall also be due in respect of collection costs. Where the costs actually incurred exceed this fixed amount, the Company reserves the right to claim additional compensation upon presentation of supporting documents.

ARTICLE 7. SECURITY DEPOSIT

7.1. A security deposit by bank card pre-authorisation shall be required from the Customer for any bicycle rental upon collection of the bicycle. The Customer must therefore have a valid bank card in their possession on the day the bicycle is collected. Although this amount is not debited, it is blocked on the Customer’s account and may affect their card limit.
7.2. Deposit amount: Basso road bike: €1,000
7.3. In the absence of such security deposit, the Customer shall not be able to access the Service.
7.4. This deposit shall not be debited from the Customer’s account if the bicycle is returned in its original condition. It shall be released once the bicycles have been returned, less any repair costs deducted from the initial amount where applicable.

ARTICLE 8. GIFT VOUCHERS

8.1. The Customer may purchase gift vouchers online.
Gift vouchers are payable in full at the time of order.
8.2. Gift vouchers issued by the Company are valid for 1 year from the date of purchase.
After the expiry date, gift vouchers are neither refundable nor exchangeable.
8.3. The gift voucher (or its number) must be presented on the day of the service.
8.4. If the customer or the beneficiary does not attend on the day of the service, the gift voucher shall be deemed to have been used and shall be neither refundable nor exchangeable.
8.5. Lost or stolen gift vouchers may not be exchanged or refunded.
8.6. Bookings for services purchased with gift vouchers are subject to availability.

ARTICLE 9. CANCELLATION OF AN ORDER

9.1. Cancellation of the service by the Company
Gruppetto / Service Course (the Company) reserves the right to cancel a booking at any time, including on the day of the rental.
In such case, another time slot shall be offered to the Customer.
If no other time slot is suitable, the Customer shall be refunded the rental amount paid.
9.2. Cancellation of the service by the Customer
In the event of cancellation of the service by the Customer:
– for any cancellation more than 48 hours before the start of the booking, the Company shall refund 100%;
– for any cancellation between 18 hours and 48 hours before the start of the booking, the Company shall refund 50%;
– for any cancellation less than 18 hours before the start of the booking, the Company shall refund 0%.

ARTICLE 10. LIABILITY AND INSURANCE

10.1. The Company holds public liability insurance with a duly solvent insurance company.
10.2. The Company’s insurance does not cover customers’ personal belongings against loss or theft and does not include personal accident insurance.
10.3. The Company reserves the right to charge the Customer for any material damage caused to the bicycle and its equipment.
From the moment the equipment is made available until the time of its return, the Renter shall have legal and physical custody of the rented equipment.
The Renter shall not leave the rented equipment unattended unless it is secured with a lock and placed in a safe location.
The Renter is prohibited from subletting or lending the leisure equipment without the Lessor’s consent.
The Renter is responsible for the use of the leisure equipment, particularly with regard to road safety and compliance with applicable regulations.
The Company declines all liability in the event of loss or theft of the rented equipment. Any anti-theft device provided at the Customer’s request does not constitute insurance.
The Renter undertakes to pay the repair costs for the rented equipment, whatever the cause, except in the case of normal use.
The Renter acknowledges having personally had the opportunity to inspect the equipment, to find it suitable for their needs and in good working order.
The Company may not be held liable if the Renter damages a building or a vehicle while using the bicycle.
The Renter shall at all times be liable for any bodily injury and material damage caused in connection with the use of the rented equipment (Articles 1383 and 1384 of the Civil Code). Under no circumstances shall the Company incur liability in the event of damage or loss suffered or caused by the Renter during the use of the rented equipment. Use in competition or for riding comparable to competition is prohibited. In the event of damage due to an accident, loss, theft or improper handling of the equipment, the Renter shall be liable for the repair costs. In the event of total damage or loss, the Customer shall be liable for the replacement value of the equipment.

ARTICLE 11. INTELLECTUAL PROPERTY

The content of the Company’s website is its property and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of such content is strictly prohibited and may constitute an infringement offence.
In addition, the Company shall retain ownership of all intellectual property rights in the photographs, presentations, studies, drawings, advertising materials, etc. produced for the purpose of providing the Services to the Customer. The Customer therefore refrains from any reproduction or exploitation of said materials.

ARTICLE 12. COMMERCIAL NOTICE – COMMUNICATION, PHOTOS, VIDEOS

Unless otherwise indicated in writing to the Company prior to performance of the Service, the Customer authorises the Company to take photographs and videos during the services for use in its communication activities and to publish such photographs and videos strictly within the framework of its commercial prospecting, external communication and advertising activities (website, social media, blog, brochure, etc.).

ARTICLE 13. RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER

13.1. The consumer Customer has a period of fourteen days to exercise their right of withdrawal from a contract concluded remotely, following telephone canvassing or off-premises.
13.2. In such case, the Company must reimburse the consumer for all sums paid, including delivery costs, without undue delay and no later than 14 days from the date on which it is informed of the consumer’s decision to withdraw.
13.3. A consumer Customer who has exercised their right of withdrawal from a service contract, or from a contract referred to in the first paragraph of Article L. 221-4, the performance of which began, at their express request, before the end of the withdrawal period, shall pay the professional an amount corresponding to the service provided up to the communication of their decision to withdraw; this amount shall be proportionate to the total price of the service agreed in the contract.

ARTICLE 14. LEGAL GUARANTEES

14.1. The Company guarantees the conformity of the services and goods with the contract, enabling the consumer Customer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-11 et seq. of the Consumer Code, or enabling any Customer to make a claim under the guarantee against defects in the thing sold within the meaning of Articles 1641 et seq. of the Civil Code.
14.2. This guarantee covers defects of conformity or hidden defects resulting from a defect in the design or performance of the ordered services under the conditions and according to the terms defined in the appendix to these GTC.
The Customer must notify the Company of any defects and/or lack of conformity within a maximum period of 15 days from the provision of the services.
The service provider’s guarantee is limited to reimbursement of the services actually paid for by the Customer, and the Company may not be considered liable or in default for any delay or non-performance resulting from the occurrence of an event of force majeure.

ARTICLE 15. PROTECTION OF PERSONAL DATA

Pursuant to Law No. 78-17 of 6 January 1978 as amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer are necessary in particular for the processing of their order and the preparation of invoices.
Such data may be communicated to any partners of the Seller responsible for the performance, processing, management and payment of orders.
In accordance with applicable national and European regulations, the Customer has a permanent right of access, modification, rectification, objection, portability and restriction of processing with regard to information concerning them.
The Customer may exercise these rights by email at cycle@gruppetto.fr, or by post to Gruppetto / Service Course – 16 rue de Verdun – 74940 Annecy, France, and must provide proof of identity by any means.

ARTICLE 16. FORCE MAJEURE

Neither Party may be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from an event of force majeure within the meaning of Article 1218 of the Civil Code.

ARTICLE 17. APPLICABLE LAW – LANGUAGE

These General Terms and Conditions of Sale and the transactions arising therefrom shall be governed by French law. They are drafted in the French language. Should they be translated into one or more languages, only the French text shall prevail in the event of a dispute.

ARTICLE 18. DISPUTES

18.1. Where a contract is concluded with a consumer Customer, any disputes to which contracts concluded under these GTC may give rise, concerning their validity, interpretation, performance, termination, consequences and follow-up, and which could not be resolved amicably between the Company and the Customer, shall be submitted to the competent courts under ordinary law conditions.
18.2. Where a contract is concluded with a professional Customer, any disputes arising from contracts concluded under these GTC shall fall within the jurisdiction of the Annecy Commercial Court.
Acceptance of an order or of payment by the Company shall constitute neither a novation nor a waiver of this jurisdiction clause.
18.3. In the event of a complaint, the Customer must first contact the Company at the following address: Gruppetto / Service Course – 16 rue de Verdun – 74940 Annecy, France.
As a second step, the consumer Customer may contact the Consumer Mediator.
In any event, the Customer retains the right to bring the matter before the competent court if the amicable dispute resolution procedure fails.

ARTICLE 19. PRE-CONTRACTUAL INFORMATION – ACCEPTANCE BY THE CUSTOMER

The Customer acknowledges having been provided, prior to placing their order and entering into the contract, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and, in particular for the Consumer Customer, with all the information listed in Article L. 221-5 of the Consumer Code, including the following:
– the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
– the price of the Services and any additional costs (delivery, for example);
– in the absence of immediate performance of the contract, the date or period within which the Service Provider undertakes to provide the ordered Services;
– information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, where these are not apparent from the context;
– information relating to legal and contractual guarantees and the conditions for their implementation;
– the functionalities of the digital content and, where applicable, its interoperability;
– the possibility of using conventional mediation in the event of a dispute;
– information relating to the right of withdrawal (existence, conditions, time limit, methods for exercising this right and the standard withdrawal form), termination arrangements and other important contractual conditions;
– the accepted means of payment.