General Terms and Conditions (GTC),
Between Pony on Wheels,
And the person renting the products or services of the company.
Hereinafter, "the customer"
On the other hand,
It was agreed:
Pony on Wheels is the owner of child care and entertainment products, which will be referred to as "products" for short or long periods of time.
The products offered for rent and their descriptions are available on the website www.ponyonwheels.com,
Date of last update 06/03/2019
Article 1: Object
The purpose of these General Terms and Conditions (GTC) is to define the rights and obligations of the parties in the context of the online rental of Pony on Wheels products and their delivery to the places designated by the lessee or to their provision in relay meeting points, for a fixed period.
Article 2 - General provisions
These GTC apply to all rentals made on the website. Pony on Wheels reserves the right to modify the GTC at any time. In this case, the applicable GTC are those in force on the date of validation by the Customer of the order on the Website.
The GTC are posted on the Website and are opposable to the Customer, who recognizes, by checking a box provided for this purpose, to have known and accepted before ordering the Services.
The validation of the order constitutes a confirmation by the Customer of its adhesion to the CGT in force on the day of the order and this until the return of the products and the end of the period of hiring.
If one of the clauses is canceled, this nullity would not result in the nullity of all clauses that remain in force between the parties. Any contractual modification is valid only after a written agreement signed by the parties.
Article 3 - Products and services
The pictures of the products offered have no contractual value. Pony on Wheels can send you a similar product from the same brand range and with the same features as the one online. The essential characteristics of the products are described on the Website. Any further information can be obtained from Customer Service, by sending an email to firstname.lastname@example.org or by contacting the number +330783735351. The Products comply with the regulations in force relating to the safety, health and protection of consumers, customers and more generally to the regulations applicable in France.
Article 4 – Price
The displayed prices are indicated in euros all taxes included (VAT not applicable, art. 293 B of the CGI), except contrary indication and except expenses of delivery and commission. A commission will apply to the entire basket, at the end of the order, to cover the costs of PayPal. Pony on Wheels has the right to modify its prices at any time, knowing that the price taken into account will be equal to the price in force at the time of the validation of the order.
Article 5 - Preparation of orders and delivery times
All orders are only accepted via the website. Pony on Wheels reserves the right not to accept an order for any reason whatsoever, especially in case of supply problems. The client will be informed by email.
Article 6 - Validation of your order
Any confirmed order supposes the reading and the acceptance of the GTC without exception or reservation. A summary of the information of your order and the General Conditions, will be communicated in PDF format via the email address of your order confirmation. Any email sent by Pony on Wheels, to the email address you provided, is considered received and its content read and approved.
Article 7 - Payment
The validation of the order implies an acceptance of the final price and a payment obligation. The payment of your order is made by bank card thanks to the secure PayPal system. The order will be considered effective after confirmation of payment.
Article 8 - Withdrawal period
In accordance with Article L. 121-20-12 of the Consumer Code, the customer has a period of fourteen (14) days to exercise his right of withdrawal from the confirmation of the order. The right of withdrawal can be exercised by contacting customer service by email at email@example.com.
In case of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) and the delivery costs will be refunded in full.
In case of exercise of the right of retraction, Pony on Wheels will refund the sums paid, within 14 days of the notification of your request by bank transfer to the bank account used to place the order.
The right of withdrawal cannot be used if the rental period began before the end of the withdrawal period and therefore in this case, the customer waives his right of withdrawal and will be charged according to the schedule in the table below:
|Number of days before the start of the rental period||Percentage of the order that will be billed|
|10 - 13 days||25% of the order will be charged|
|7 - 9 days||50% of the order will be charged|
|4 - 6 days||75% of the order will be charged|
|1 - 3 days||100% of the order will be charged|
Article 9 - Availability
Products are offered as long as they are visible online and within the limits of available stocks.
In case of unavailability of Products, following a computer error, after having made your order, you will be informed by email. Your order will be automatically canceled and your payment refunded in full within 14 days
Article 10 - Delivery and Restitution
Delivery and Restitution: The Pony on Wheels team delivers your products to the address of your choice, according to the table in the "Delivery and return" section of the Website, every day of the week between 9hr and 19hr for an additional cost depending on the place of delivery.
You can also pick up your products yourself from the center of Nice on Avenue Jean Médecin for free. The return of the products is done in the same way and in the same place as the delivery.
For deliveries or restitutions outside the mentioned time slot or places indicated, please contact us directly by email at: firstname.lastname@example.org to find together the solution that suits you the most.
Product Verification: At the time of delivery, the products will be inspected with the customer to verify their compliance and condition. At the time of return, the products will be inspected again and the customer will be held responsible for any loss, theft or damage that occurred during the rental. His liability shall be limited to the cost of repairing or replacing parts or the rented product.
Article 11 - Liability and insurance
Pony on Wheels cannot be held liable for damages of any nature resulting from improper or dangerous use of the rented product. We will not be held liable for any indirect damage resulting from the use that the Customer intended to make of the products. The products comply with the applicable regulations for normal use. Finally, the responsibility of Pony on Wheels cannot be engaged in case of inconvenience, damage, prejudice related to the use of the internet network during the placing of the order, including a break of service, an external intrusion, the presence of a computer virus or the commission of a cyberdélit. The ownership of the products and any risk of loss or damage to these products is transferred to the Customer at the moment when the latter or a third party designated by him physically takes possession of it.
Article 12 - Use, deterioration and non-return of products
The Customer agrees to use the products in accordance with their usual purpose. The Customer refrains from any action that may damage or degrade them in any way. No modification or transformation may be made to the products rented by the Customer. During the rental period, the Customer is responsible for maintaining the products and protecting them against damage, vandalism, overloading, bad weather, etc. The return of the damaged product or the lack of return of the product will result in additional billing under the conditions provided for in Article 11 of the GTC.
Article 13 - Intellectual property rights
Any reproduction, in whole or in part, and any dissemination of any element of the Website (including photographs, visuals, texts, drawings, images) is systematically subject to the authorization of Pony on Wheels. Offenders will be liable to prosecution.
Article 14 - Trademark Rights and Photographic Credits
Photo credits: Shutterstock, Chicco, Amazon, Fascol, Babytolove, Bebe buki, Candid, Feber, Hasbro Gaming, Ludi, Melissa and Doug, Ocean5, Prextex, Sterifeed, Stokke. The mention of the marks does not constitute in any way a right of use, a license, or any authorization relating to the said marks
Article 15 - Protection of personal data
In accordance with the Data Protection Act of January 6, 1978 amended in 2004, you have the right to query, access, modify, oppose and rectify the personal data about you. By adhering to these terms and conditions, you agree that Pony on Wheels collects and uses this data for the performance of this contract. By entering your email address, you will receive emails containing information and promotional offers. You can unsubscribe at any time. All you have to do is click on the link at the end of the emails or contact us by email.
Article 16 - Archiving Proof
Pony on Wheels will archive the purchase orders and invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized records of Pony on Wheels will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
Article 17 - Applicable law
All the clauses appearing in these general conditions, as well as all the operations of hiring which are concerned there, will be subjected to the French right. The Parties shall endeavor to settle amicably any dispute arising from the interpretation or execution of this Agreement. In the absence of amicable settlement, these disputes will fall under the exclusive jurisdiction of the Court of Nice.