MAC LLOYD is a simplified joint-stock company with a capital of € 24,512 registered in the Paris Trade and Companies Register under number 790 862 544, whose registered office is located at 154 boulevard Macdonald, 75019 Paris, France. Unless otherwise agreed between the parties, any rental of a product from MAC LLOYD implies that the lessee accepts these terms and conditions of rental. MAC LLOYD reserves the right to modify these general rental conditions at any time. The general rental conditions applicable are those in force on the date of signature of the lease by the lessee and attached to the latter.
1.1. The MAC LLOYD products (“Products”) rented are those offered on the mclloyd.com website (“Site”).
1.2. Any order implies full and unreserved acceptance by the user of the Contract. To place an order remotely, the user must have a valid email address required to receive confirmation of his order sent by email. The user accepts and acknowledges that the validation by him of his order on line shows the proof of his consent to said order.
1.3. The non-transmission of data related to the order prevents the realization and analysis of the transaction of the user. The occurrence of an unpaid due to the fraudulent use of a credit card or other means of payment will result in the registration of contact details related to the order associated with this unpaid within an incident payment file . An irregular declaration or an anomaly may also be the subject of a specific treatment. The user is informed that the failure or refusal to transmit the requested items (eg the delivery address) will prevent MAC LLOYD from granting a guarantee on the transaction concerned.
3.2.4 The lessee is obliged to protect the product against degradation and to maintain it if necessary in accordance with MAC LLOYD standards. Given the technical nature of the product, the lessee acknowledges that only MAC LLOYD will be able to carry out any repairs in case of damage noted on the product during the rental, or after the return of the product by the lessee.
3.3. In case of breakdown of the products, the user will inform MAC LLOYD without delay by telephone or with the email address email@example.com and will return the products by parcel post, under packing providing an appropriate protection, to the address and according to the modalities indicated to him. In the event of breakdown resulting from a vice inherent to the Products or a case of force majeure, MAC LLOYD repairs or exchange (device of identical model or, if this apparatus is no more commercialized or available, an equivalent apparatus having characteristics similar techniques) defective products during the term of the Contract. In the event of a breakdown that does not result from an inherent defect in the products or a case of force majeure, the cost of repairing the Product, after an estimate accepted by the user, will be billed to the user; the rejection of the quote will result in the immediate termination of the Contract by the user. The maintenance of the Products is carried out exclusively by MAC LLOYD, or by any provider of its choice.
3.4. In case of disappearance or theft of the Products, the user undertakes to inform MAC LLOYD. The user undertakes to make a declaration to the competent authorities in case of theft and to send a copy to MAC LLOYD. This notification of disappearance or theft to MAC LLOYD will result in the termination of the Contract by the user.
In connection with the subscription to the “Support +” option at the price indicated on the Site, MAC LLOYD will proceed or have it proceed by any person of its choice, upon delivery or on the date agreed between the Parties, at the installation. product at the lessee.
It is recalled that, for the use of the product, the taker must have a computer equipped with a Mac operating system (macOS 10.12 or newer) or PC (Windows 10 Redstone 1 or newer).
An initial training lasting approximately (5) hours maximum will be carried out by MAC LLOYD for the purpose of demonstrating the use of the product. Additional training of a duration of approximately five (5) hours maximum may be provided at the request of the lessee.
If the policyholder has not subscribed to the “Support +” option, a similar service will be provided remotely by a product expert designated by MAC LLOYD. The “Team viewer” remote control software must be installed on the lessee’s computer to allow MAC LLOYD to process this assistance.
MAC LLOYD provides the taker free remote technical assistance regarding the product, available from 9am to 18pm from Monday to Saturday for a period of one (1) year from the delivery of the product to the address contact @ mac -lloyd.com.
In the context where the customer has subscribed to the paid option “Support +”, an expert appointed by MAC LLOYD may be required to intervene on site for this assistance within reasonable time.
In case of malfunction of the product, the lessee must report this malfunction via the “alert” option of the software. The “Team viewer” remote control software must be installed on the lessee’s computer to allow MAC LLOYD to process this assistance.
ARTICLE 4: LIABILITY / INSURANCE
4.1 MAC LLOYD can not be held responsible towards the taker of the consequences of a malfunction of the rented product, which would not be due to a lack of conformity existing at the time of the provision of the latter or to a hidden defect .
Unless otherwise stated, MAC LLOYD’s liability shall be limited to the amount of the lease, to the exclusion of any other compensation, in particular due to the immaterial or indirect damages that may be suffered by the lessee (such as the loss of exploitation, missed earnings, …).
MAC LLOYD can also be responsible for losses, theft or damage caused to any property of the lessee or any third party during the conservation of the products until its return.
MAC LLOYD can not be held responsible for damage resulting from bad conditions or abnormal conditions of handling, storage, transport or use of the product by the lessee.
4.2 The lessee is responsible for the use of the product and for the damage suffered by this product, excluding the harmful consequences of its hidden defects as soon as the lessee furnishes proof of these defects. He assumes responsibility for the financial consequences of this damage.
4.3 The lessee undertakes to take all the necessary insurance to cover the damage suffered and caused by and to all the elements making up the product. The policyholder must hold third-party liability insurance to cover third-party damages when using the product.
4.4 MAC LLOYD is insured for its professional liability with Gan Assurances.
ARTICLE 5: DECLARATION IN CASE OF LOSS
5.1 The lessee undertakes to inform MAC LLOYD in the event of an incident of any nature whatsoever, as soon as he becomes aware of it and to send him his written declaration of loss no later than forty-eight ( 48) hours from the knowledge of the incident. The latter must mention in particular the circumstances of the incident (date, place, etc.).
5.2 In the event of theft of the product, he must make a declaration to the competent authorities mentioning the identification of the product and the circumstances of the flight, within forty-eight (48) hours of the discovery of the flight, and transmit in the same delay to MAC LLOYD all the documents relating thereto. If necessary, the lessee must send to MAC LLOYD upon receipt any additional document or document sent or served.
5.3 The lessee undertakes to inform MAC LLOYD of any transaction or negotiation with a third party relating to a claim that has damaged the product so that MAC LLOYD may if necessary safeguard or assert its rights.
ARTICLE 6. FINANCIAL CONDITIONS
6.1. The amount of the rent and the initial payment are those appearing on the online store present on the website mclloyd.com at the time of subscription to the subscription. These amounts are expressed in euros, excluding tax and all taxes included.
6.2. Rents owed by the user under the Contract are invoiced monthly. When subscribing to the Agreement, the user expressly authorizes MAC LLOYD to issue to him each month a bill on durable medium in electronic form.
6.3. The user can pay bills by direct debit meeting the SEPA (Single Euro Payments Area) standard.
6.4. Any delay of payment, even partial, entails the day after the deadline, without a formal notice being necessary:
– the payment of late penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, and
– the payment of a lump sum indemnity for recovery costs in the amount of forty (40) euros. In the event that the recovery costs incurred are higher, MAC LLOYD may request additional compensation, upon justification.
ARTICLE 7. DELIVERY
7.1 In the context of a remote order, the products are delivered according to the delivery methods appearing on the Site.
7.2 The shipping costs are borne by MAC LLOYD. MAC LLOYD undertakes to make its best efforts to deliver the product to the lessee within the time agreed between the parties, which shall not exceed six (6) weeks from the receipt of the lease by MAC LLOYD.
Upon delivery, the risk of the product is transferred to the lessee who assumes custody under his sole and entire responsibility.
7.3 The lessee acknowledges having received the product in good condition for use and maintenance, suitable for operation unless expressly stated by the lessee when receiving the product. As such, the lessee must immediately postpone on the delivery note his reasoned reservations related to any apparent non-compliance of the order including any differences in quantities, losses, apparent damage, damage, specifying, in all case, the number of products concerned as found at the time of delivery. For the sole purpose of allowing MAC LLOYD to exercise any recourse against the carrier, these reservations must be made directly on the delivery note, or sent to the carrier by registered letter with acknowledgment of receipt within 3 working days the delivery of the products (in this case, a copy of this letter will be sent to MAC LLOYD).
ARTICLE 8. INFORMATION AND CORRESPONDENCE
The user undertakes to communicate and to update during the term of the Agreement his exact identification information and bank details to MAC LLOYD. In all correspondence with MAC LLOYD, the user must mention his surname, first name and his customer reference. Incomplete applications will not be processed.
ARTICLE 9. DURATION
The Agreement enters into force upon its acceptance by MAC LLOYD and is concluded for an indefinite period. Unless terminated in accordance with Article 10, the Contract is automatically renewed for successive one-month periods (“Renewal Period »).
ARTICLE 10. TERMINATION
10.1. The Agreement may be terminated by the user from his Subscriber Area at any time on the site or by mail to the LLOYD MAC address, Millau Viaduc Business Park 1. 233 Boulevard de Roullens, workshop n ° 3 12100 Millau. The termination of the Contract will take effect at the end of the current month at the time of receipt by MAC LLOYD of the request for termination.
10.2. Either party may terminate the Contract after a default notice has been served for 8 days in the event of a breach of the obligations of either party. May constitute breaches attributable to the user: – failure to regularize an incomplete or inaccurate file, – non-payment of an invoice. In this case, MAC LLOYD requires the immediate return of the product without prejudice to any other sum that it could claim.
ARTICLE 11. RESTITUTION
11.1At the expiration of the rental contract, the lessee has the obligation to make the product available for return to MAC LLOYD under the conditions defined in article 2.1 in the event of withdrawal, or (ii) in good used condition and maintenance, with all of its accessories within 30 days of the effective date of termination, by sending to MAC LLOYD at the address indicated in article 2.1, in a packaging ensuring appropriate protection in the event termination.
The product will only be considered returned to MAC LLOYD after delivery of the return slip signed by the MAC LLOYD expert noting the good condition and the complete return of the product.
Subject to the prior agreement of MAC LLOYD before the end of the rental period, the lessee may also decide to return the product to MAC LLOYD in conditions allowing the integrity of the product during transport and loading / unloading operations , for which he will assume the risks and costs.
The product is packaged in such a way as to ensure optimal protection of the product when it is made available and in particular during transport. The lessee is therefore required to transport and return the product in this packaging.
MAC LLOYD will have a period of three (3) working days to confirm the proper return of the product (that is to say, the full return, in good condition and cleaned of the product) and will send the customer the correct return slip .
11.2 The lessee is required to return the complete product, in good condition and cleaned.
In case of non-return of the product, MAC LLOYD reserves the right to invoice the lessee for the immobilization of the product until its return. This compensation is calculated pro rata temporis per day of non-return of the product compared to the total rental amount.
In the event of return of incomplete Products, in poor condition and / or not cleaned or of non-return of Products, MAC LLOYD reserves the right to:
• bill the lessee for repair and / or cleaning services in the amount of fifty (50) euros per ten (10) boxes, and / or.
• invoice a product immobilization allowance during the repair time. This compensation will be calculated in proportion to the number of days of immobilization compared to the total rental amount.
• invoice, in addition to the usual subscription amount, the equipment, accessories, dismountable elements or spare parts not returned at the monthly rental price of the product reported for a period of 6 months (ie for example € 14.90 HT times 6 for a Sport Team V4 tracker, i.e. € 89.4 excl.tax, or € 5.90 times 6 for a cardio bra accompanied by its cardio sensor, i.e. € 35.4 excl. MAC LLOYD reserves the right to modify these invoicing amounts downwards in light of the exchanges between MAC LLOYD and the customer concerning the circumstances which led to the non-return of the Products concerned.
11.3 In the event of theft or loss of the product, the contract and the invoicing of the rental of the product will only end upon receipt by MAC LLOYD of the lessee’s theft or loss declarations in accordance with article 11.
ARTICLE 12: FORCE MAJEURE
MAC LLOYD or the lessee can not be held responsible for the absence or delay in the performance of all or part of the obligations resulting from these general rental conditions and / or the contract due to a force majeure event, if he fulfills the legal conditions required to qualify force majeure in French law, regardless of the damage suffered.
In addition, will be qualified as a case of force majeure, the events of interruption, breakdown and sabotage means of telecommunication or energy, fire, flood, exceptional weather, heat wave, riot, war, total or partial strike, lock out , the prohibitions or restrictions of the public authorities, or the delay of return of the product by another customer.
The party affected by the case of force majeure agrees to immediately notify the occurrence of this event to the other party by registered letter with acknowledgment of receipt.
The party affected by the case of force majeure undertakes to make its best efforts to implement the necessary means to minimize the damage that may result.
The case of force majeure suspends the obligations of the party directly affected by the case of force majeure throughout the duration of its existence. However, if the case of force majeure had a duration of existence greater than thirty (30) consecutive days, it would be entitled to the cancellation by right of the sale by one or other of the parties eight (8) days after the first presentation of a registered letter with acknowledgment of receipt, notifying that decision.
ARTICLE 13. CLAIMS
In the event of a breakdown / claim, the user can contact McLloyd at the following coordinates: by email at firstname.lastname@example.org/ by mail at: MAC LLOYD, Millau Viaduc Business Park 1. 233 Boulevard de Roullens, workshop n ° 3 12100 Millau.
ARTICLE 14. PERSONAL DATA
11.1. The user undertakes, in any circumstance and for regular use, to make a backup of all of his data recorded on the products on an external support. In case of return of the Product, the data may be altered or erased as part of the maintenance operations. In case of return, they will be definitively erased. MAC LLOYD can not be held responsible for the remaining data on products returned by the user. This data will no longer be accessible by the user once the products are returned.
11.2. The personal data of the user are processed in accordance with the law of January 6, 1978 relating to data, files and freedoms and the European regulation on the protection of personal data. The bank details of the user may be used by MAC LLOYD for payment of any amount due and born of a contract with MAC LLOYD. The user has a right of access, rectification, deletion and opposition for legitimate reasons on the data concerning him as well as a right to the portability of his data via his Subscriber Area or by addressing a mail and by justifying its identity to: MAC LLOYD, Millau Viaduc Business Park 1. 233 Boulevard de Roullens, workshop n ° 3 12100 Millau. The user also has the possibility to set guidelines for the storage, erasure and communication of his personal data after his death, which he can exercise in the same way.
ARTICLE 15: INTELLECTUAL PROPERTY
15.1 The lessee is prohibited from using, except with the express written consent of MAC LLOYD, of any brand, design, model, patent, slogan and more generally of any intellectual property right that MAC LLOYD holds or for which MAC LLOYD would benefit from a license.
The lessee uses the product for his exclusive personal use, or for the sole benefit of one of his collaborators
15.2 By installing the software allowing the use of the product, the lessee is granted by MAC LLOYD a non-transferable, non-exclusive personal license and for the strictly limited duration to that of the lease. As a result, the lessee acknowledges that the software allowing the use of the product is not sold to him and that the lessee has no right of ownership in the latter.
The lessee is not authorized to:
1.copying, printing, transferring, transmitting or displaying all or part of the software;
2. sell, rent, sublicense or otherwise distribute the software;
3.use the software to provide data processing, bureau service, time-sharing or other similar services of any kind to any other individual, company or entity;
4.edit the software and / or merge all or part of the software into other computer programs;
Compile, decompile, disassemble, translate, analyze, reverse engineer, or attempt to do so.
15.3 Unless stated otherwise, the license is recognized under the same conditions to the licensee on software updates and evolutions.
ARTICLE 16: LANGUAGE
These general rental conditions are written in French. In the event that they are translated into one or more languages, only the French version will prevail in the event of a dispute between the parties.
ARTICLE 17: APPLICABLE LAW – JURISDICTION
17.1 These general rental conditions and any resulting rental contract are governed by French law.
17.2 In the event of a dispute concerning the existence, validity, formation, interpretation, performance or termination of these general rental conditions and / or the contract and the termination of their relationship, the parties shall undertake to attempt to resolve the dispute amicably.
For this purpose, the most diligent party shall invite the other party, by registered letter with acknowledgment of receipt, to meet within fifteen (15) days of receipt of such notification.
Failing amicable agreement within thirty (30) days from receipt of the first notification, the parties grant exclusive jurisdiction to the Commercial Court of Paris notwithstanding the cases of plurality of defendants or warranty, and this even in case of summary.
MAC LLOYD – SAS with a capital of € 24,512 – RCS PARIS 790 862 544, whose head office is located at 154 boulevard Macdonald, 75019 Paris, France.PRINTING FORMULA TO PRINT AND SEND IN LRAR.
Please complete and return this form only if you wish to withdraw from the contract at: MAC LLOYD, Millau Viaduc Business Park 1. 233 Boulevard de Roullens, workshop n ° 3 12100 Millau. The simple return of the good without declaration or the refusal to take delivery are not enough to express your will to retract.
Attention: MAC LLOYD
I hereby notify you of my retraction of the contract for the rental of the property below:
Ordered on ________________________ / received on ___________________________
Your email address used when ordering: ___________________________
Your Name filled in when ordering ___________________________
Your name filled in when ordering ___________________________
Signature of the consumer (only in case of notification of this form on paper)