General lease terms ans conditions


Through this contract, Movin ' Pack is committed to you and you agree under the contractual terms and conditions that are set out below. Any deviation from these requirements must be subject to prior written consent of Movin’Pack.
These lease conditions prevail over all other conditions necessary for the Lessee without regard to the specific clauses added by the Lessee (except with Movin'Pack consent).

As such, Movin'Pack reserves the right to adapt or modify at any time its Lease Terms. In case of modification, the Lease Terms and Conditions will be those in force at the date of lease throughout the term of the lease.

Article 1: definitions and general concepts

The lease contract is concluded intuitu personae and can not be assigned.
 The "Lessee" means the user (s ), the payer ( s) and also the legal representative (s) listed on the lease contract and signed it.
"Lessor" means the company Movin'Pack SAS, whose name appears on the lease contract.
"Products" and " lease packs " means a set of furniture and household appliances that Movin'Pack leases to the Lessee for the agreed term of the lease.

" Damage " is considered damage, any damage occurred to the products.
" Theft " is considered theft products: vandalism, theft of the goods and attempted theft .

Photos presented on the website Movin'Pack tend to describe and present products for lease with the greatest possible accuracy .
However, Movin'Pack may need to modify products or lease packs, especially to improve the quality or presentation of its services.

Therefore, these photos can not be regarded as part of the contract and variations in product representation and lease packages can not result in liability to Movin'Pack or affect the validity of the lease.

Article 2: requirements for lease

The lessee must provide the lessor the appropriate documentation for the establishment of the lease contract  including : identity, address, details of bank account ( RIB or IBAN format). Evidence to take advantage of benefits resulting from the affiliation with one of the lessor’s partners or sponsorship will be required. The lessee must be an adult at the time of signing the contract, or must have an adult representative in the event the Lessee is under 18 year old. In the latter case, the representative will be party to the contract in accordance with Article 1 of these conditions.
In addition, proof of house insurance must be attached to the signed contract, refer to Article 14.

Article 3: availability of products

The lease quote on the website does not guarantee the products availability.
Indications of availability of products are provided for lease by the lessor Movin'Pack over the phone once the lease quote is made online. In the event of unavailability, Movin'Pack advise the Lessee and propose products having similar characteristics or superior quality at a price equal to or greater, or simply cancel the quote.

Article 4: formation of the contract

Lease will be considered final after the return of the contract signed by the Lessee with the article 2 above mentioned documents and after actual receipt of the deposit and of the lump sum of 39 euros for transportation costs for less than eight months rental as mentioned in Section 9.1.

Article 5: return

At the date of acceptance of the contract ( contract formation, Article 4) Lessee shall have seven days to exercise his right of withdrawal in accordance with Article L. 121-20 of the Code de la Consommation . When the seven-day period expires on a Saturday, Sunday or a holiday, it is extended until the next business day.
When the period of seven days is exceeded, even if delivery has not been made, it will not be possible anymore to exercise the right of withdrawal.
However, being under a contract of service and in accordance with Article L. 121-20-2 1 of the Code de la Consommation , the Lessee receiving the lease products before the end of the period of 7 days may no longer exercise his right of withdrawal, the service being started and the lessee acknowledges and agrees that fact .
To exercise the right of withdrawal specified above, the Lessee will have to contact the Customer Service Movin'Pack by phone or e -mail. The Lessee will be assisted in the withdrawal procedure.
If the Lessee exercises its right of withdrawal, Movin'Pack will reimburse the Lessee the amount of the deposit that has already been cashed in by a cheque within a maximum period of 15 days following the date on which the right of withdrawal has been exercised.

Article 6: delivery – set up - warranty

6.1 Delivery and installation: Products will be delivered and put into service at the address indicated by the Lessee during the ordering process.
In no event Movin'Pack will be liable in case of error for the delivery address made ​​by the Lessee and where access to the place is not compatible with the ordered products (dimension doors, stairs, rooms ... ) .
In this case, the cost of returning products will be borne in full by the lessee up to a lump sum of 50 euros taken over the deposit and the contract will be void.
Movin'Pack reserves the right to split shipments. In this case, the fee for processing and shipping will be charged to the Lessee for a single shipment.
Movin'Pack can not be held responsible for the consequences due to a delay in delivery due to the carrier.
In case of changing the delivery address between the subscription contract and delivery of the products, this change must be communicated by the Lessee to Movin'Pack . Movin'Pack can then request additional supporting documents and / or cancel the contract.
It is brought to the attention of the Lessee that the phone number or e -mail address are considered part of the delivery address , as essential elements for making the contact and so  in order to ensure delivery.
If the change of the delivery address is accepted by Movin'Pack , the day of validation of  the change by Movin'Pack will then serve as new subscription day.
The Lessee is contacted by Movin'Pack to set the day and time slot of delivery of the leased products.
The Lessee must be present on the day of delivery (except with the consent of Movin’Pack), except in cases of force majeure and if a new date is not agreed between the parties within 8 days of the originally  delivery date  scheduled, the delivery will be deemed to be validly made and the contract will remain in effect ( including lease due ).
Similarly, in case of further absence for a second delivery within 8 days of the originally delivery date scheduled, the delivery will be deemed to be validly made.
Any additional delivery to the first delivery included in the lease price will be charged to the Lessee for a flat fee of 50 euros.
Connection of the product (s) is performed on an existing and compliant installation. The provision of connection includes, depending on the type of product:
Household appliances: Unpacking, Installation on the place of use, electrical connection and disposal of water.

Image and Sound products: Unpacking, Installation, electrical connection. Device connection between them is not included in this service, as well as the channel setting for TVs and other connector materials for the electrical connection. In case of non- compliance of the installation on the Movin'Pack employee appreciation, connection will not be undertaken in accordance with Movin'Pack procedures. The Lessee may:

Lessee shall bear sole responsibility for the installation and its consequences, and will be billed by Movin'Pack all costs incurred by a disaster to products due to the use of a product on a non-compliant installation.
Is not included in this provision any installation involving a significant change of the place of residence of the Lessee: pulling cable, wall etc. ...

6-2 Products: A descriptive list of products is attached to the delivery. The Lessee undertakes to report any defect which does not appear on the list. Otherwise, the lessee is deemed to have received products in conformity with the description.
Lessor will unfortunately ignore complaints regarding damage that have not been reported at the time of product delivery.
The Lessee must restitute products in the state where he has received them.
All fees rehabilitation, resulting from a fault of Lessee or in the absence of an identified third party, will overload the cost of the lease. And defects, abnormal wear in relation to the mentioned 7-1 general conditions use leading to a reinstatement shall be borne by the Lessee.

Article 7: location

7-1 Use of Products: The Lessee agrees to use the products in “good father " and in particular , to use them as intended with prudence and diligence, to follow instructions for use and safety and keep them constantly in good condition.
The Lessee shall not use the leased products including:

The Lessee is supposed to know the functioning and handling of products.
The Lessee certifies to know all the warnings of security risks and precautions relating to the use of leased through this lease contract.
Products can be only installed at lessee home or to any other person home who received Movin’Pack authorization and entered in the lease.

Lessee shall indemnify the Lessor for all damages, losses and expenses Movin'Pack could suffer as a result of the failure of the Lessee. Similarly, Movin'Pack may terminate this Lease and take back the products at any time and to the expense of the Lessee in case of breach of Article 7-1.

7-2 Maintenance: Lessee is required to protect the products against degradation and maintain them in accordance with manufacturer's standards. Repair cost following a not correct maintenance will be borne by the lessee.

7-3 Repair: in case of failure , malfunction or damage , Lessee shall immediately cease or stop using the product , notify by telephone Movin'Pack and send  written confirmation stating the circumstances under 72h .

All repairs must be done at the sole discretion of Movin'Pack , financial responsibility being mentioned under the provisions of the " LIABILITY " section .

Right of Inspection: The owner has the right to inspect the leased items, after giving 48 hours notice in order to establish the types of repairs and renovations required.

7-4 Warranty and after-sales service: Products are guaranteed and benefit from the after-sales Movin'Pack service.
The warranty does not apply:

In case of failure of the product, the Lessee shall follow the procedure of section 7.3 " REPAIR " of these general lease terms and conditions.

7-5 Lease term: The duration of the lease is 24 months maximum and 3 months minimum. Lessee agrees to return the product to the Lessor at the date mentioned under the lease contract, otherwise the lessee exposes himself to civil and criminal prosecution. The lease period is calculated daily, without any split, since the day of delivery of products (the day of delivery and the day of return are considered as part of the lease term ) .
Termination of the lease by the lessee prior to the end of the lease contract results in an immediate payment of the remaining lease.

In case of late return, the lessee start a new day and the lessee will be charged for it and for any new consecutive day started before release, and the lease rate will be the one currently used for the lessor products. Furthermore Movin'Pack will charge a flat fee of 50 euros as late return charges to cover additional administrative costs.

7.6. Move:
When moving, the Lessee is required to inform Movin'Pack and communicate the new address where the products are.
When moving abroad, providing Movin'Pack has a coverage only in France (excluding Corsica) and Switzerland, the overdue payments are payable  and the contract shall terminate upon return products . The provision of products transport through a move is not part of the contracted services. The lessee therefore carries solely the related expense, and he alone bears responsibility for damages to the Movin'Pack  products .

Article 8: end of lease term

The Lessee may either return the product or purchase the leased products or renew the lease of products.

8-1 Return of products: Lease ends with the return of the products to a Movin'Pack employee at end of period provided in the contract.
Lessor may in no way be held responsible for goods that have been forgotten in the leased products at the end of the lease.
If the products need more than a standard cleaning after their return to be back in the condition they were before the lease, excluding damages related to normal wear, the lessee will have to pay a cleaning fee equal to the cost additional incurred by the lessor.

Thus, at the end of the lease, whatever the cause, the Lessee shall return the leased product and keep their availability to Movin'Pack . The Lessee must be present on the day of the return except with the consent of Movin’Pack. Products must be available. Lessee shall remain liable for all obligations under the contract until effective recovery of products by Movin'Pack , it remains the lessee of the leased products and has to keep them under surveillance. Products will be considered “returned” and legal custody transferred to Movin'Pack after receiving the good return signed by both parties.

The Lessee is required to have the products in perfect working condition and clean, with all clean accessories and equipment and user manuals. Otherwise, the related expenses are charged to the Lessee.

In case of theft or loss, contract and billing expire upon receipt by Movin'Pack a copy of the declaration of loss or theft of the Lessee that the Lessee has deposited with the competent authorities.
If there is unreturned equipment whatever the cause , compensation shall be charged on the basis set out in Article 10 " RESPONSIBILITY " herein , in addition to lease. Equipment, accessories, manuals not returned are charged at replacement cost.

In case of breach of any of its obligations by the Lessee, including payment default or non-return of products Movin'Pack reserves the right to terminate the lease without any formality EIGHT (8) calendar days after notice to the Lessee without any valid action. In this case the financial provisions of the article " EARLY TERMINATION " below will apply.

Reminder: the lessee is liable until the end of the lease.
Any use of products that would prejudice the lessor allows it to automatically terminate the contract.

8-2 Early Termination: If the Lessee wishes to terminate early his contract, he shall inform Movin'Pack by email or mail subject to compliance with a notice period of FIFTEEN (15) days.
In this case, Movin'Pack requires the immediate return of the goods without prejudice to the amounts paid as lease periods expired.
In addition, the termination of the lease by the lessee before the expiry of the contract result in an immediate payment of the remaining lease except in the case of section 7.6 with a move abroad.

8-3 Possibility of purchase: at the end of the lease the lessee can purchase the desired products. In this case, it shall inform Movin'Pack by giving four weeks’ notice.
Movin'Pack establish the purchase value of the product at the end of the lease taking into account the amount, number and frequency of payments already made . Expressly the lessor advises the Lessee of the total purchase price. The price of the reference product to calculate the residual value will be the price of the new product on the date of signing the lease, without discount or rebates that may be granted on that date. The deposit paid by the Lessee to the subscription contract will be deducted from residual selling price.
The Lessee has a withdrawal period of SEVEN (7) days after the conclusion of the parties of the sale of the product.
The Lessee will become owner of the product when he has paid the purchase price of the product.

8-4 Contract renewal: at the end of the lease the lessee may wish to renew the lease. In this case, it shall inform Movin'Pack by giving four weeks’ notice.
If the lessee so wish to renew the contract , the lessee responsibilities are:
a) contacting Movin'Pack;
b) carry out inspection of the products with the employee MOVIN ' PACK;
c) paying the lease and extra charges at the close of the contract expired;
d) and sign a new contract including new rates.

Article 9: payment

9-1 General: Lessees are jointly liable for the cost of the lease. The prices indicated on the website include the cost of transportation (for rental of at least 8 months), installation and return of the products. A contributory amount for shipping cost is charged to the customer when the lease is less than 8 months and amounts to a lump sum of 39 euros.
The settlement of the subscription of the lease is divided into two parts. As the formation of the contract, the deposit and the lump sum of 39 euros for rentals less than 8 months are attached to the contract signed by cheque payable to Movin'Pack SAS sent to the address of the registered office of the company.
The lease is then payable monthly on the 5st of each month by direct debit exclusively on the lessee bank account except for a lease start not corresponding to the first day of the month (see below). To this end, the Lessee provides information regarding his bank account ( RIB or IBAN format ) on the contract and authorize the debit by Movin'Pack .
Subscription to the lease shall be deemed accepted by Movin'Pack when the payment centers concerned have given their consent and that Movin'Pack validates the subscription against its risk acceptance criteria.
In case of refusal of the file despite the confirmation of payment, the subscription will be automatically refused and Lessee will be notified by email.
If contentious issue, Movin'Pack reserves the right to request additional supporting documents to the lessee to decide on the acceptance or rejection of the subscription.
In case of change of bank account, the lessee is asked to contact Movin'Pack as soon as possible and in any event at least 10 days before the next scheduled collection.
Otherwise, if the non- modification results in an additional cost for Movin'Pack, Movin'Pack reserves the right to pass the costs on the next installment of the lessee upon presentation of the additional costs.

If the first day of lease does not correspond to the first day of the month, the Lessee will issue a cheque for an amount calculated on a pro rata temporis basis between the 1st lease day to the last day of the month.

9-2 Non-payment: In case of exceeding the time limit for payment , the Lessee shall be liable to a penalty of delay equal to 3 times the legal interest rate as well as the lump sum recovery 40 euros , under the conditions referred to in Article L. 441-6 of the Code du Commerce.
The Lessee expressly agrees that:

9-3 Rate applicable:

Rates for lease are those in effect when the contract is signed. Any modification of the contract will result in the application of another rate corresponding to the new conditions.

9-4 Deposit:

The amount of the deposit depends on the type of lease packages.
It is intended to cover the damages suffered by the lessor because of damage or theft of products. The amount is stated on the contract and must be paid by cheque to Movin'Pack SAS and sent along with the signed contract.
The security deposit shall be entitled to the Lessor for any damage caused by the Lessee or in the absence of fault of an identified third party and in case of theft of the products and this for the related damage.
In the absence of damage and / or theft, the amount of the deposit actually paid will be refunded at end of lease, subject to the time of receipt of 21 (twenty one) days for cheques.
Normal wear will not be considered for the right of entitlement of the deposit.

Article 10: liability for damages to  leased products or theft

Upon receipt of the product, the Lessee assumes physical and legal custody and is responsible for the damage of the leased product or resulting of the leased products, whether or not covered by insurance.
The Lessee is responsible for all damages incurred on leased products. The Lessee agrees to subscribe private insurance, including civil and domestic responsibility, from the date on which the lease starts. The lessor will obtain  a copy of the insurance policy in accordance with articles 2 and 4.
The Lessee is responsible for any damage and all expenses incurred by Movin'Pack for any loss or damage of the products during the lease term. These can include among others:

In case of loss, disappearance or theft, compensation shall be charged to the Lessee on the basis of the purchase price of the product, less a percentage of obsolescence of 0.8 % per month capped at 50%. With the exception of any equipment, accessories, spare parts that will be charged to the Lessee at the price of their purchase value.

Article 11: sponsorship and partnership

Offers for sponsorship and affiliation to the partnership are not cumulative. For more information, please refer to the terms and conditions of the offer of sponsorship and partnership contract.

Article 12: property

All products, materials and accessories remain the exclusive property of Movin'Pack for the duration of the lease.
The Lessee agrees not to remove or modify any logos or trademarks and / or markings on the leased equipment.

Article 13: force majeure

Are considered as force majeure releasing Movin'Pack of its obligations, including to deliver or install the product, the risks of war , riots, fire, strikes, accidents and the impossibility of being supplied especially in case of failure of one of their suppliers or delivery services.

Article 14: insurance / assistance

All our products are covered by a policy “Liability vis-à- vis third parties “in accordance with the regulations.
The lessee must also subscribe a home insurance at its own expense to cover Movin'Pack products during the lease term. Accordingly, evidence of home insurance must be attached to the signed contract and any absence will result in the nullity of the contract.

Article 15: jurisdiction clause

All disputes which have not been settled amicably shall be governed by the law of the country where the lease Contract was signed. However, in the event of a dispute between merchant arising out of this contract and which could not lead to a mutual agreement  it will, to the extent permitted by law , be governed by the jurisdiction of the Tribunal whose Registered Office Lessor depends .
If, in a dispute, any of the provisions of this Lease contract is recognized illegal or unenforceable under applicable law, it shall be deemed to have been removed, and the remaining provisions shall remain in force and full effect.

Article 16: intellectual property

The website, its entire content, and all rights thereto are the exclusive property of Movin'Pack .
All the models presented ( protected or not protected by a design right) , texts, books , illustrations, trademarks and images reproduced on the Movin'Pack website are protected by the rules of copyright and the industrial property and such for the entire world.
Reproduction in whole or part of this website or any of its component parts, is prohibited in the absence of prior written consent of Movin'Pack .
Any violation of the provisions of this article renders the offender liable to prosecution.
It will incur civil and criminal liability for infringement, unfair competition and parasitism.

Article 17: protection of personal data

The information gathered by the lessor is necessary for products lease and related transactions. They are intended, in whole or in part, to Group companies of the lessor and partners. The company Movin ' Pack is responsible for processing such data. The mandatory information has been given by the lessor when entering your data.
In accordance with the law "Informatique et libertés ", the processing of personal information about lessees has been declared to the Commission Nationale Informatique et Libertés (CNIL). The Lessee (Article 34 of the law of January 6, 1978 ) has a right to access, modify, rectify and delete data concerning him.
The information collected will only be used for order processing and to enhance and personalize communication for the products, including newsletters, to which the Lessee can unsubscribe at any time.
However, when the Lessee moves to the website from certain partner sites and identified as such, the related data are likely to be exceptionally communicated to them. If the Lessee does not want, he must notify the company Movin'Pack when signing his lease.
Movin’Pack website is also designed to best meet the needs of lessees and it is for this purpose that cookies are used. These are intended to signal the passage of the Lessee on the site and are used by Movin'Pack only for improvement purposed and for personalizing the service to the Lessee.

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