General terms and conditions of rental

Linda Photography Sàrl operates theonline sales site "Selfiematon.ch " which markets a range of customisable products.

ARTICLE 1: PURPOSE

The subject of these general conditions is the rental by the lessor of a photo terminal designated "Selfiematon Classic or Premium" from the Selfiematon.ch website, an automatic photo-taking and printing machine that can be personalised, for which an order has been registered and invoiced. The present general conditions are deemed to have been accepted by the customer at the time of validation of the order.

ARTICLE 2: DETAILS OF THE SERVICE, DELIVERY, RETURN AND COLLECTION

The rental service includes delivery or collection of the equipment, depending on the option chosen.

The material is handed over with a sheet describing precisely all the elements contained. This same sheet serves as a checklist for the return of the items in their entirety.

Each package contains pictures of where each Photobooth accessory is stored.

Each parcel is photographed with all its components/accessories before being sent.

If one or more elements are missing when the equipment is returned, the lessor shall be obliged to return the missing element(s) to Selfiematon.ch within 48 hours of Selfiematon.ch reporting the missing elements.

In the event of failure to return or deterioration of any accessory by the client: Selfiematon.ch reserves the right to invoice the hirer for the missing/defective item(s), once the situation has been established. A penalty invoice will then be sent and payment will be due within 7 days according to the conditions set out at the end of this article.

In case of delivery, the outward delivery takes place in principle 24 to 48 hours before the date of the event declared by the client. Selfiematon.ch cannot be held responsible for any delay in delivery as it does not control the hazards of transport with its partner DHL or ATM.

The installation and proper functioning of the equipment are ensured by the hirer, who relies on the guide provided by Selfiematon.ch, as well as on the Selfiematon. ch customer service department, which is open from Monday to Friday from 8 am to 5.30 pm.

The obligation to deliver is associated with the validity of the information provided by the customer and his or her ability to be present at the place of delivery or to collect the packages within 24 hours at a relay point. In the event of the equipment being made available at a relay point and not being collected, Selfiematon.ch shall be entitled to demand the invoicing of a penalty of CHF 350 or CHF 700, depending on the model chosen (this rate being based on a rental excluding basic options), as the Photobooth is blocked before being returned to the Hirer. This is justified by the prejudice caused by the impossibility to rent the Photobooth for several days in a row.

In the event of non-delivery on or before D-day, the customer can be fully refunded.

The hirer must ensure that the photo booth is installed in a room with lighting and a power supply.

When used outdoors, Selfiematon. ch cannot be held responsible for partial or incomplete operation. The hirer must observe certain common sense rules for optimal use (against the light, exposure to the sun, flash on/off, stable and flat ground...).

For all rentals, the equipment must be returned within two days of the rental date (except by specific agreement of the company or public holiday) by the hirer via a depot mentioned in the list provided by Selfiematon.ch. Excluding the option of delivery and installation by our team.

The hirer undertakes to respect the time limit and the delivery addresses as soon as he validates his order. The parties may however agree to collect or return the goods at a place other than the place of delivery and within a period agreed between the parties. Excluding the option of collection (according to the conditions set out above).

In the event of failure to comply with the deadline for depositing the equipment, Selfiematon.ch reserves the right to charge the hirer 50% of the amount of a basic rental (according to the model booked) if the equipment is deposited the day after the scheduled date, and 100% if it is deposited the day after, as compensation for the damage suffered, as the hirer is jeopardising Selfiematon. ch's ability to rent the equipment to another hirer for the following weekend.

In the event of the customer's absence at the time of the driver's visit for a customer who has subscribed to the on-demand pick-up service, a penalty of 50% of the rental amount will be charged for a second pick-up rescheduled for the following day, and a penalty of 100% if the pick-up takes place the day after, if the customer has not been able to be present again.

*The 50% or 100% late payment penalty is based on a basic rental, excluding options, i.e. CHF 350 for a Selfiematon Classic and CHF 700 for a Selfiematon Premium.

Any refusal to pay a penalty invoice from the day of its receipt by the Client within 7 working days because it has caused a delay in the return of the goods for a subsequent rental, Selfiematon. ch will give rise to a formal notice and a surcharge of 20% of the amount of the penalty invoice.

ARTICLE 3: RESPONSIBILITY OF THE LESSOR

The responsibility for the photo terminal lies with the hirer from the moment of delivery/collection until the deposit/return of the photo terminal. In all cases, the equipment must be delivered or handed over for return "in person". Any Photobooth that is left unattended in front of a house or other premises and is stolen will be the responsibility of the hirer or the delivery company.

Selfiematon. ch will be obliged to charge the customer or deliverer the price of a photo terminal and our DNP printer worth CHF 5,000.

In case of non-return, theft, loss or major damage of the bollard, the hirer is responsible for all damages caused to the bollard by him or his third parties (including indirect damages).

During delivery, installation and dismantling of the bollard, it is strictly forbidden to make any modification to the bollard software, including its programs, except for the manipulations necessary for installation, commissioning, shutdown, uninstallation and troubleshooting described in the user guide. The hirer expressly undertakes to respect this prohibition by all persons who have access to the terminal during the rental period. If this instruction is not respected, and our teams are obliged to reprogram the software, the hirer will be charged a fixed penalty of CHF 500.

As described in the following paragraph, the "D-day" is the date chosen for the rental, i.e. the date validated at the time of reservation.

The hirer undertakes to assemble the equipment and to test it before the day of delivery (the day before or the day before) to ensure that it works. Except in the case of a delivery on D-day, any assembly on D-day limits Selfiematon. ch's power of intervention to solve a problem and engages the responsibility of the hirer.

The hirer has a user guide supplied with the equipment, as well as a technical hotline that can be reached during opening hours and an emergency number. In the event of a problem during the event, the hirer must use the user guide and contact the emergency number if necessary to resolve the problem. If the problem persists, the hirer should report the problem to customer service by e-mail: contact@selfiematon.ch the problem encountered in great detail. In the event of a problem that cannot be solved remotely by telephone or with the help of the guide, the hirer may request repairs from Selfiematon.ch at the beginning of the week from customer service. On the other hand, any potential problem identified by the guide or not reported in writing to customer service and our emergency number is the responsibility of the hirer who has not used the means available to him to solve simple problems.

ARTICLE 4: CONDITION OF THE EQUIPMENT

All material supplied to the customer via the terminal is considered to be in perfect condition and in accordance with the customer's request. There may be some signs of logical wear and tear, but it is up to the customer to make any reservations he/she deems necessary and in particular to report any visual defect or missing element by contacting customer service by telephone on 027 565 49 86 (free of charge) and by email at contact@selfiematon.ch. Any report of missing or damaged accessories upon receipt of the equipment, engages the responsibility of the hirer and the billing of these.

ARTICLE 5: PAYMENT

With the exception of special conditions, the terms of payment are as follows: Payment of the total price of the rental at the time of validation of the reservation of the order by the hirer, via the means of payment authorised by Selfiematon.ch and specified by the "Selfiematon.ch" website.

If the hirer opts for payment by invoice. This must be done as soon as the invoice is received by email within 2-3 days of the booking.

ARTICLE 6: CANCELLATION AND WITHDRAWAL

The customer may change the reservation date of his or her order at any time, subject to stock availability. However, no refund can be claimed.

In the event of a definitive cancellation of the order, a voucher of a value similar to the rental price will be given to the hirer, no refunds are provided.

ARTICLE 6A: POSTPONEMENT AND CANCELLATION DUE TO COVID

As of 1 December 2020

The customer may request a postponement of the order in the event of a health crisis (COVID type). The client must indicate the wish to postpone the order at least 4 (four) weeks before the date of the planned rental, by email, accompanied by the order number, to contact@selfiematon.ch. A reply will be provided within 48 hours to confirm the postponement to the new date, depending on available stocks. In the event of unavailability on the new date, the customer will be able to set a new date or be provided with a voucher of similar value to the amount of their rental.

ARTICLE 7: PROTECTION OF THE MACHINE, DELAYS, LOSSES, CHARGING OF PENALTIES

The bollard must be returned within the timeframe agreed upon in article 2 and in the state in which it was delivered or removed with each element of the photo bollard stored in its place in accordance with the assembly instructions. Any damage caused by improper storage or forgotten accessories noted upon return of the bollard (see article 2) and not returned may, without this list being exhaustive, include the costs of repair, replacement and immobilisation of the bollard, since the repair and the impossibility of using a bollard entails a loss of income for Selfiematon. ch due to the impossibility of re-renting the bollard to other hirers during the period of repair or replacement.

ARTICLE 8: CUSTOMISATION

The kiosk is configured according to the options chosen by the lessor. The presentation of the kiosk and its user interface are adapted by Selfiematon. ch on the basis of information or files provided by the hirer. In the event of a customisation option, the hirer must provide a brief to Selfiematon.ch at least 8 days before the date of the event. For this purpose, Selfiematon.ch shall contact the hirer as soon as the order has been validated in order to inform him of the methods of implementation of his personalisation. If this 8-day deadline is not met, Selfiematon. ch reserves the right not to carry out the personalisation, without the possibility of reimbursement for the hirer.

ARTICLE 9: DUTY OF DISCLOSURE

Along with the equipment,Selfiematon. ch provides the hirer with a user's guide for the kiosk, including instructions for assembly, disassembly and the resolution of simple technical problems.

ARTICLE 10: USE OF THE TERMINAL

The hirer undertakes to make appropriate use of the terminal. The customer has the right to make the bollard available to third parties present at the event he is organising, but he is obliged to ensure that the instructions given in the user guide are respected. The hirer is responsible for the accuracy of the information provided by third parties concerning the conditions of use of the bollard as well as the various safety measures. The hirer undertakes to ensure that third parties use the bollard in accordance with its intended use.

By providing a photo kiosk, Selfiematon. ch transfers the image rights relating to the photos to the hirer, who assumes de facto responsibility for the image rights. Selfiematon.ch has access to the data and images produced by the hirer and keeps them for a period of one year after the return of the kiosk, thus giving the hirer the possibility of recovering the data if he has not done so at the time of sending the gallery online, while guaranteeing total confidentiality (no exploitation or distribution of the images). After this period, Selfiematon. ch may destroy the data and images stored by the photo terminal. The hirer undertakes to respect the provisions of the law on the protection of privacy in the processing of personal data in relation to the personal data collected, used and/or processed on his behalf and which may result from the use of the terminal. Selfiematon.ch acts as a subcontractor of the hirer.

The hirer also undertakes to respect the provisions relating to the image rights of all terminal users.

ARTICLE 11: MALFUNCTION, REPLACEMENT

In the event of a malfunction of the kiosk, the hirer must first follow the guide sent with the device, and if no solution is found, contact customer service by telephone from Monday to Friday from 8am to 5.30pm, or outside these hours, the emergency number sent. It is the responsibility of the hirer to test the equipment upon receipt (see Article 3 of these GTC). If the defect was caused by the hirer, in particular during installation or during improper use or lack of supervision, Selfiematon. ch cannot be held responsible and may invoice the hirer for any damage caused by improper use. In the event of an insolvent problem, Selfiematon. ch may send a replacement machine or a technician if time permits. Only Selfiematon. ch is the judge of the possibility of sending a replacement machine or a technician.

ARTICLE 12: LIABILITY

Selfiematon.ch cannot be held liable for damage that cannot be attributed to a hidden defect in the kiosk that makes it unsuitable for its intended use, indirect damage, in particular operating losses or damage resulting from force majeure as defined by law (in particular bad weather, natural disasters, civil or military unrest). Furthermore, Selfiematon. ch is not responsible for malfunctions of the kiosk due to a faulty Internet connection due to the renter's Wifi or 4G network, a lack of power supply, inadequate or unsuitable lighting or installation or use that does not comply with the recommendations in the user guide.

ARTICLE 13: ASSIGNMENT

It is strictly forbidden for the hirer to transfer his rights, to sublet or to lend the Selfiematon.ch photo booth.

ARTICLE 14: CONFIDENTIALITY

Both parties undertake to treat all information transmitted to them in strict confidence, in particular all technical, commercial and financial information concerning the terminal and its services, and to disclose it in any capacity whatsoever, in any form whatsoever and to anyone.

ARTICLE 15: PROHIBITION OF COMPETITION

The lessor undertakes not to offer for sale or rent equipment with functions similar to those of the bollard for a period of two years from the date of rental.

ARTICLE 16: DISPUTE

Any damage caused to the equipment and implicating the hirer's responsibility, resulting in the invoicing of deteriorated/broken elements or for any late penalty/damage not paid within 7 working days after notification by the sales department and the sending of an invoice, a formal notice will be sent. Finally, in the event of a dispute in relation to the execution and/or interpretation of the service between Selfiematon.ch and the hirer, the court of Sion shall have sole jurisdiction.