The general rental conditions stipulated below are brought to the attention of the client and are the law of the parties. All rentals imply acceptance of these general rental conditions without reservation by the client.
I / Order
All orders must be approved by our company in order to be valid. The customer must place their order in writing indicating the quantity and the references of the rented furniture, the agreed price, the period and the place of rental. The order will only become final after the client has signed the confirmation of the order or the estimate issued by Les Ortigues accompanied by the general rental conditions. The same will apply to any request for modification and/or additional order. The payment for the total amount of the order, including insurance, must be attached to the order. Any order not accompanied by payment will not be honoured. In the case of an order from a new customer, the commercial and bank references of this customer will be required for the opening of an account. Failing this, the order could be compromised.
II / Modification – cancellation
According to stock availability and deadlines for the event, Les Ortigues reserves the right to supply replacement furniture of identical quality instead of the furniture ordered. A tacit agreement from the customer to accept this in the absence of a refusal on his part upon receipt of the order confirmation. No modification of the order can be accepted within 24 hours prior to delivery. Any order cancellation, even partial, will be fully invoiced. By way of derogation, Les Ortigues may accept the cancellation in writing, which will in any case lead to the issue of an invoice corresponding to a cancellation fee of à̀ 20% (excl. VAT) of the total amount of the order.
III / Tariffs – payment
All the prices indicated by Les Ortigues, including those indicated on its website, are in euros, exclusive of tax, without discount for a rental period of less than 10 days. Rental for a period of more than 10 days is subject to a different rate for which the sales department can be consulted. Transport is only included for events taking place within a radius of 40km from our depot. Transport is not included in other cases. Not included in our rates are: the costs of setting up and collecting the equipment, imposed hours (night, Saturday, Sunday and public holidays), insurance, and any additional costs linked to a special delivery. In the event that a quote is issued, the length for validation will vary according to the date of issue. It will be specified on each quotation issued. Unless otherwise agreed, the payment to total amount of the order, including VAT, including insurance, must be attached and is payable by cheque or bank transfer.
IV / Interest on late payment
In the event of late payment, the customer shall be automatically liable, without notice of default, for a late payment penalty equal to one and a half times the legal interest rate applicable in accordance with the law of 31 December 1992.
This penalty is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price without any prior notice of default being required.
In addition to the late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a flat-rate penalty of 40 euros for collection costs. – Articles 441-6, I alinéa 12 et D. 441-5 du code de commerce.
In the event of non-payment of a single invoice on the due date, any other due or not due invoices shall become immediately payable without notice of default or other formalities.
V / Delivery – return
The delivery of the rented equipment is carried out by Les Ortigues according to the conditions indicated in the order confirmation sent to the client. Delivery is scheduled at the earliest the day before the event and pick-up is scheduled at the latest the day after the event (except for special conditions). Pick-ups from our warehouse are subject to specific regulations. Please consult us. Our delivery times are only given as an indication and are automatically extended due to force majeure, strike, fire, transport stoppages, etc., and in general, in any circumstances leading to the total or partial closure of our workshops and those of our suppliers. Any absence which will result in an additional outward or return journey will be invoiced. Les Ortigues staff in charge of delivery cannot receive any instructions concerning the dates and times for the return of the equipment from the client. The latter is asked to contact our offices. The client is responsible for the rented furniture from its delivery to its return. The rented furniture in good condition must be used in accordance with its destination and the customer undertakes not to do anything or allow anything to be done that could deteriorate it. The client is responsible for any deterioration, loss or theft of the furniture. The customer will take all measures to guarantee against these risks and in general for any disaster for which they will be held responsible. Any broken or missing material as well as any damage will be invoiced. By express agreement, the Ortigues will take possession of the rented equipment as soon as the event closes. The hirer must therefore take all necessary measures and in particular remove any documentation or other object belonging to him or his visitors. Les Ortigues can in no way be held responsible for the disappearance, deterioration or other damage of any object or other that the client would not have removed from the rented equipment. The equipment remains the exclusive property of Les Ortigues and may not be moved, rented or transferred, or lent free of charge. Any contestation on the quality or the quantity of the rented furniture must be sent by registered letter with acknowledgement of receipt within 24 hours after delivery. After this period no dispute will be accepted.
VI / Insurance participation
Participation in the insurance offered by Les Ortigues will cover the hirer against the risks of theft (subject to a complaint being lodged) or damage from the day before the official opening to the day of closure. Refusal to take out insurance implies full responsibility of the hirer in the event of disappearance or damage to the equipment. The customer will have to take all the necessary measures to guarantee himself against all claims. The civil liability des Ortigues can in no case be engaged by a misuse of the rented equipment nor by unforeseen conditions modifying the modalities defined in the estimate.
VII / Penal Clause
The civil liability des Ortigues can in no case be engaged by a misuse of the rented equipment nor by unforeseen conditions modifying the modalities defined in the estimate.
VII / Applicable law and attribution of jurisdiction
The contracts concluded by the Ortigues are governed by French law. In the event of difficulties in the interpretation or execution of the present contract, even in the event of an appeal in guarantee or multiple defendants, the Commercial Court of Bordeaux is the only competent court.