Access to and use of the website accessible at the following address: www.yapukandco.com of the company Yapu-k & Co, registered with the RCS of Annecy (A 898 703 921) whose intra-community VAT number is FR73898703921 and having its registered office at 197 Allée des coquelicots, 74 300 Thyez, France and the services offered there are subject to compliance with these general conditions of rental and sale.
Any access to the Site and/or use of the Site implies acceptance and compliance with all the terms of these conditions and their unconditional acceptance. They constitute a contract between Yapu-k & Co and the Internet user who accesses the Site whether or not he has registered beforehand and whether or not he has created an account on the Site (hereinafter referred to as "the User" or the " Users”).
Yapu-k & Co provides clothing, sports equipment, childcare equipment and games and toys on the Site and a User rents this equipment for a limited period (hereinafter referred to as the "Renter")
This contract is concluded for an indefinite period from the use of the Site by the User.
Non-retroactively, Yapu-k & Co reserves the right to change the Site and the general conditions of rental and sale at any time, or to supplement them with new additional contractual conditions. This is why Users are advised to regularly consult the general conditions of rental and sale, in order to refer to the latest version in force.
In the event that the User does not wish to accept all or part of these general conditions, he is asked to renounce all use of the Site.
The Site operated by Yapu-k & Co is intended for the rental of everything necessary for children's holidays (childcare equipment, clothing, specific equipment, games and toys) between Yapu-k & Co and individuals and between Yapu- k & Co and professionals.
The rental transfers to the Tenant a personal right of use relating to the childcare material/equipment/clothing/games or toy concerned. It is to ensure this effective enjoyment that Yapu-k & Co must necessarily make the childcare material/equipment/clothing/games or toy available to the Tenant, who owns it and acquires control of it. Also the present rental differs from the sale and the usufruct.
Yapu-k & Co buys childcare materials, equipment, textiles, new games and toys or has a stock of new products made available by its partners.
Upon receipt of the equipment, Yapu-k & Co:
During each order, the Tenant has the possibility of creating a customer account in order to facilitate the management of the order as well as the placing of future orders. Creating an account requires filling in the information inherent to the profile
When ordering, the means of payment is entered, the data is encrypted, stored and managed by the payment solution (Swikly). Under no circumstances does Yapu-k & Co have access to banking information.
The order of a garment, equipment, childcare material or other game or toy requires in particular the following information:
When the equipment is rented, Yapu-k & Co:
When the Tenant receives the equipment, he checks its condition, if it complies with the inventory sent by Yapu-k & Co. The User then accepts the delivery, without reservation. If the condition does not conform to the inventory, the Tenant must inform Yapu-k & Co by e-mail yapuk.co@gmail.com upon receipt of the order.
Unavailability of equipment
In the event of unreported unavailability , the Tenant is informed (by e-mail or telephone) after placing his order, Yapu-k & Co is obliged to offer him another product of similar quality, same size but not necessarily the same brand.
If the tenant refuses this new article, the order will be canceled free of charge. The tenant may make a new reservation at no additional cost.
Size problem
In the event of a size problem, the tenant must report it to Yapu-k & Co within 24 hours of receipt of the package by e-mail yapuk.co@gmail.com or telephone +33 (0)6 33 26 17 17.
Yapu-k & Co undertakes to offer the product in another size and in the same price range depending on stock availability.
If the tenant accepts the proposal, Yapu-k & Co undertakes to return the equipment within 24 hours and the tenant must pay the shipping costs of 30 (thirty) euros including VAT for delivery costs.
If the tenant chooses equipment in another price range, the price difference is at his expense as well as the shipping costs of 30 euros including tax.
At the end of the rental period, the Tenant returns the order to the company Yapu-k & Co according to the methods described on the Site. To do this, he uses the prepaid shipping label and the original packaging made available by Yapu-k & Co.
The return must include an inventory specifying in particular any damage, even minor, to the condition of the product.
Upon receipt of the equipment, Yapu-k & Co:
Loss, theft or damage to equipment
In the event of loss, theft, or damage to the rented product, the Tenant agrees to notify Yapu-k & Co by e-mail yapuk.co@gmail.com or by telephone on +33 (0)6 33 26 17 17
From the observation of the case of loss or theft, the Tenant must provide a declaration as soon as possible.
In the event of loss, theft or total damage, 100% of the deposit may be retained by Yapu-k & Co.
Furthermore, in the event of deterioration of the rented equipment, the Tenant agrees not to proceed by his own means or to have the repairs carried out.
Upon return, Yapu-k & Co will perform a check.
Any return of a piece in a different state from that lent is understood as a degradation.
Any damage observed upon receipt will be notified to the Tenant directly by e-mail.
SPECIAL CASE OF TEXTILES:
In the event of simple damage (button fallen or lost, seam or hem undone, task related to normal use of the garment), the tenant will not be charged a penalty.
In the event of partial or heavy degradation of one or more articles beyond conventional use (hole in the fabric, cigarette burn, multiple stains from drinks, food, humidity, mud, tear, tear, etc.) the Yapu-k & Co will invoice the Tenant for a supplement for the repair of the room corresponding to the costs of cleaning or alteration and a flat rate of 20 euros including tax for treatment costs. This amount will be deducted from the deposit.
The Tenant undertakes in particular:
The Site is available in any place whatsoever, once the minimum technical conditions have been met, and in particular in terms of access to the mobile telephone network, the Internet network and the technical compatibility of the equipment used.
Yapu-k & Co can never be held responsible for the inaccessibility of the Site for technical reasons.
Conditions d’inscription
For the validation of his registration, the User must accurately complete all the mandatory fields of the registration form.
Only one account per User is authorized and any attempt at fraud may lead to the cancellation of his account.
The User has a personal space after registering on the Site.
The account may be terminated by Yapu-k & Co at any time and without notice due to abusive, fraudulent or illicit use of the services and content of the Site.
The User may terminate his registration at any time by respecting the procedures described on the Site.
Orders are made exclusively on the Internet through the Site.
The validation of the order implies acceptance of these General Conditions of Rental and Sale.
All stages of the rental are clearly identified on the Site, in accordance with the provisions of article 1369-1 of the civil code. Pursuant to these provisions, the User has the possibility of checking the details of his order and its total price and of correcting any errors before definitively validating his order.
The order is only definitively registered after validation by the User of his payment agreement and acceptance by the bank of the transaction.
Yapu-k & Co declines all responsibility in the event of non-validation of the order, without possible recourse on the part of the User.
As soon as his order is registered, the Tenant receives a confirmation e-mail containing the essential elements of his order. He also receives an email reminder of the shipping, rental and return dates.
Yapu-k & Co and the Tenant undertake to respect these dates.
All of the data provided by the User during the ordering process and the recorded confirmation of this order constitute proof of the transaction.
Yapu-k & Co reserves the right to refuse any order from a User with whom there is a dispute relating to the payment of a previous order as long as this dispute is not resolved.
Note: These conditions do not apply to professional customers who are subject to specific treatment defined in the partnership contract.
Yapu-k & Co does not deliver orders itself. Yapu-k & Co works with carriers who have their own delivery times indicated when choosing the delivery method on the Site.
Yapu-k & Co undertakes to ship orders within a period (generally 4 to 5 days before the 1st day of rental) sufficient for the Tenant to receive it at least 24/48 hours before your first day of rental.
Yapu-k & Co undertakes to make every effort to ensure that the carrier respects the given deadlines. However Yapu-k & Co declines all responsibility in the event of late delivery due to strikes, bad weather or any other problem which is the responsibility of the carrier and is not liable for any compensation in this regard.
The return of packages must be done with the packaging provided for this purpose and provided by Yapu-k & Co. Under no circumstances should the Renter return the order in packaging of their choice without notifying Yapu-k & Co and receiving written confirmation from them. Any breach of this rule may result in penalties up to reimbursement of the equipment if it were to be damaged or lost.
The Renter undertakes to select the correct method of delivery. If the latter was not correct, Yapu-k & Co will contact the Tenant to notify him and ask him to adjust the method or pay the difference.
Note: These conditions do not apply to professional customers who are subject to specific treatment defined in the partnership contract.
The return is made by deposit at a Relay Point or collection by our carrier.
The return must be made within 48 hours (or 1st working day) after the last day of rental, confirmation from the Post Office or the relay point being taken, under penalty of application of late penalties.
For each day of delay in the restitution by the Tenant, in addition to the rental value, a penalty equal to 10 (ten) euros per day of delay is applied from the day of the end of the rental defined during the order.
Without justification or communication from the Tenant, the entire deposit may be cashed by Yapu-k & Co after 7 days of delay.
In the case of a deposit at a Relay Point, it is imperative to request proof of deposit and keep it. In the event of a dispute, this will represent the only proof that you have made the deposit.
In the case of a removal by our transport, it is also requested a proof of deposit at the reception (or other place where you deposit the parcel). The order must be repackaged with the original packaging and the package must be sealed with the adhesives and labels provided for this purpose. A breach could lead to penalties in the event of loss or theft of equipment during Return transport.
Note: These conditions do not apply to professional customers who are subject to specific treatment defined in the partnership contract.
Payment is made at the time of the order on the Site.
The Lessee may cancel an order up to 15 (fifteen) days after the date of the order in the event that the rental dates are later than this period. In this case the amount of the order will be fully reimbursed by the Site.
From the 16th day after the order date, the full amount of the order will remain acquired by Yapu-k & Co.
When ordering, the means of payment is entered, the data is encrypted, stored and managed by the payment solution (Swikly). Under no circumstances does Yapu-k & Co have access to banking information.
Yapu-k & Co reserves the right to modify its prices at any time but the services will be invoiced on the basis of the rates in force at the time of the order entry.
A deposit, up to twice the new value of the rented product indicated on the product sheet, will be taken by bank imprint by our service provider in charge of payment. The latter does not affect the bank limit for payment cards.
If the tenant does not receive the acknowledgment of receipt by email, it is up to him to contact Yapu-k & Co at the following email yapuk.co@gmail.com .
In accordance with Article L121-21-8 of the Consumer Code resulting from Law No. 2014-344 of March 17, 2014:
“The right of withdrawal cannot be exercised for contracts:
For the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal (…). »
On the Site and at the time of the order, the User expressly waives his right of withdrawal.
The prices of the rental, the deposit and the delivery of the equipment are indicated on the Site.
The rental prices are indicated per day on the basis of 8 days of rental (average duration of rental observed).
Note: These conditions do not apply to professional customers who are subject to specific treatment defined in the partnership contract.
The delivery prices for metropolitan France are indicated on the Site when choosing the delivery method.
The prices of the services of Yapu-k & Co are those in force on the day of the order by the User.
The prices indicated in the electronic acknowledgment of receipt of the order include all taxes.
Prices are calculated net and without discount.
Note: These conditions do not apply to professional customers who are subject to specific treatment defined in the partnership contract.
The deposit is made by bank imprint via our payment provider Swikly. Yapu-k & Co has no access to the Tenant's bank details.
The amount of the deposit is defined by Yapu-k & Co and corresponds to twice the amount of the new equipment.
In case of pack rental, the value of the deposit corresponds to twice the new purchase value of all the items that can make up the pack.
Note: Do not apply to PRO Clients or group requests which are subject to specific processing.
Yau-k & Co is only bound to the User by an obligation of means and does not provide any guarantee, express or implicit, including any guarantee of quality and suitability for a particular use of the services provided to the User.
Yapu-k & Co makes its best efforts to ensure the proper functioning of the Site and the services contained therein, within the limits of liability of these general conditions.
The Site is in principle accessible 24 hours a day, 7 days a week, however, Yapu-k & Co declines all responsibility, without this list being exhaustive:
Yapu-k & Co is not at the origin of the creation of the content put online on the Site by the Users which are distributed under the exclusive responsibility of the User.
Not proceeding to a priori moderation of the content put online by the Users, Yapu-k & Co cannot be held responsible for any content which would be illicit, contrary to morality or constituting any infringement of the rights of others, in particular to intellectual property rights or the processing of personal data.
Yapu-k & Co cannot be held responsible for exchanges between Users on the Site.
Yapu-k & Co cannot be held responsible for any content appearing on the Site or sent from the Site by any third party.
Thus, with regard to the legal qualifications defined by article 6 of the Law for Confidence in the Digital Economy (LCEN) of June 21, 2004 as amended, Yapu-k & Co is qualified as a host for the content put online by Users on the Site.
Yapu-k & Co is therefore not responsible a priori for the content of Users and does not support any obligation to monitor this content.
Public Content of the Site:
Despite the greatest care taken in creating and updating the Site, Yapu-k & Co cannot provide any guarantee, express or tacit, concerning the information contained in the Site of which it is the author.
Consequently, Yapu-k & Co cannot be held responsible for any damage, direct or indirect, resulting from any errors, inaccuracies or omissions in the information contained in the Site.
Force majeure:
Yapu-k & Co cannot be held responsible, or considered to have breached these general conditions of rental and sale, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force. major as defined by the case law of French courts and tribunals including the interruption, suspension, reduction or disruption of electricity or other or any interruption of electronic communications networks or in the event of events beyond its control.
Yapu-k & Co reserves the right to modify the terms, conditions and notices hereof at any time, in particular in the event of technical, legal or jurisprudential developments or when setting up new services.
The User is therefore advised to regularly consult the latest version of the conditions of use available on the Site.
The renewed use of the Site as and when the modification of these conditions of use constitutes the acceptance, by each User, of the general conditions of rental and sale in force.
The use of the Site is made under the sole and entire responsibility of the User.
The User is solely responsible for the information he communicates from the Site.
In the event of abnormal use or illicit exploitation of the Site, the User is solely responsible for the damage caused to third parties and the consequences of the claims or actions that may result therefrom.
The User also waives the right to exercise any recourse against Yapu-k & Co in the event of proceedings instituted by a third party against him as a result of the illicit use and/or exploitation of the Site.
The User undertakes, in general, to respect all the regulations in force in France.
Users agree not to use the Site to:
The User is solely responsible for the content that he integrates into the Site, in particular any content that may be offensive or illegal or likely to infringe the rights of third parties.
It is up to any User to take all appropriate measures to protect their own data and/or software stored on their mobile or computer equipment against any attack.
The User has the right to consult his data hosted on the Site and any other information concerning him free of charge.
The password is personal and confidential. The User is solely responsible for this. He undertakes not to disclose it to third parties and to take all the necessary precautions to prevent third parties from having access to it.
The User undertakes to notify Yapu-k & Co without delay in the event of the loss or usurpation of his password.
Otherwise, and unless proven otherwise, any connection or transmission of orders or data made using the password will be deemed to come from the User and will be under his exclusive responsibility.
To be taken into account, the User's complaints must be sent to the following email address: yapuk.co@gmail.com
In addition to these General Conditions, Users undertake to comply with the General Conditions of the platforms allowing access to the Site and of the third-party tools used by the Site.
The use of these third-party platforms and tools by Users entails the collection and processing of personal data for which Yapu–k & Co cannot be considered to be the data controller as defined by law n°78- 17 of January 6, 1978 amended relating to data processing, files and freedoms.
Yapu-k & Co specifies that the use of hypertext links may lead the User to other websites or applications, independent of the Site.
The hypertext links established in the direction of other sites or applications from the Site cannot, under any circumstances, engage the responsibility of the company Yapu-k & Co.
Similarly, the insertion of hypertext links to all or part of the Site is authorized, on a non-exclusive basis and revocable at any time, without Yapu-k & Co having to provide any justification, and provided that this link cannot create against the Site a misleading, false, pejorative or harmful character.
Under this authorization, Yapu-k & Co reserves a right of opposition.
Yapu-k & Co cannot be held liable for any direct, indirect or fortuitous damage resulting from access to or use of information from third-party sites.
The parties undertake to keep strictly confidential the information exchanged and all documents and elements produced within the framework of the execution of the contracts concluded between them.
The User undertakes not to use the data resulting from the services provided by Yapu-k & Co for purposes other than those provided herein.
During and at the end of the execution of the services of the company Yapu-k & Co, the User undertakes not to disclose to third parties, without the authorization of the company Yapu-k & Co, the methods and tools which are the exclusive property of Yapu-k & Co.
If any part of these general conditions of rental and sale should prove null, invalid or inapplicable for any reason whatsoever, the term or terms in question will be declared non-existent and the remaining terms will retain their full force and scope. and would continue to apply. The terms declared non-existent would then be replaced by the terms which come closest to the content and meaning of the canceled clause.
In accordance with the preliminary article of the Consumer Code resulting from law n° 2014-344 of March 17, 2014 relating to consumption, any natural person who acts for purposes that do not fall within the scope of of his commercial, industrial, artisanal or liberal activity.
These general conditions of rental and sale are exclusively subject to French law.
Any dispute (including preliminary law) will be the responsibility of the courts designated as competent pursuant to article L.141-5 of the Consumer Code”.
These general conditions of rental and sale are exclusively subject to French law.
Any dispute arising from the use of the Site will be submitted to the competent courts of Thonon-les-Bains, notwithstanding multiple defendants or warranty claims.
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