Last updated on: 07/18/2024
1. Definitions
Without prejudice to the specific definitions contained in these general conditions of use, each of the terms mentioned below will have the following meaning:
- Announcement : means all graphic, textual and visual elements relating to an Article.
- Article : means any good that is the subject of an Advertisement.
- CGU : means these general conditions of use.
- Account : means the account created by a User in order to access the Services.
- Renter : means any User renting an Item.
- Location : means the rental of an Item.
- Owner : means any User placing an Item for Rental.
- Rental : means the procedure by which an Item is placed for Rental.
- Platform : means the website www.ornest.com.
- Rental Price : means the amount paid by the Lessor in connection with the Rental of an Item.
- Loyalty Program : means the system of rewards and promotions for Users through credits and discounts.
- Services : means all the services made available to the User by the Company on the Platform.
- Company : means ORNEST, a simplified joint stock company with share capital of 15,000 euros, whose registered office is located at 24 Rue de Clichy – 75009 Paris (France), registered in the Paris Trade and Companies Register under number 949 650 709.
- User : means any person visiting the Platform, whether or not they have created an Account.
2. Purpose of the T&Cs – Acceptance of the T&Cs
The purpose of the T&Cs is to determine:
- The terms and conditions for making the Platform and Services available by the Company,
- The terms and conditions of use of the Platform and the Services by the User.
By using the Platform and the Services, including by creating an Account, the User acknowledges having read and expressly accepted the T&Cs without any restriction or reservation, and undertakes to comply with their terms and conditions.
Any creation of an Account will be subject to acceptance by the User of a form containing the following statement:
"By creating my account, I acknowledge having read the General Conditions of Use and the Confidentiality Policy of ORNEST. I accept these and undertake without reservation or restriction to respect their terms, conditions and methods."
3. Services
Use of the Platform allows the User who does not have an account access to the following Services:
- Search for Articles,
- Consultation of Announcements.
Use of the Platform allows the User holding an account access to the following Services:
- Modification and management of the Account,
- Rental Request,
- Rental Request,
- Rental,
- Registration for the Loyalty Program,
- Consultation of Announcements,
- Sharing Ads on social networks,
- Adding Ads to Favorites,
- Search for Articles,
- User Search.
4. Account
Access to certain Services is subject to the creation of an Account, which can only be validly completed under the conditions set out below.
4.1. Creation of an Account
When creating an Account, the User agrees to:
- Complete the registration process:
° By providing the following mandatory information, completely and accurately: first and last name, email address, postal address, mobile phone number,
° By carrying out the identity verification referred to in article 4.2 of the T&Cs.
- Accept the form referred to in article 2 of the T&Cs.
When creating his Account, the User has the possibility:
- To link your LinkedIn and/or Instagram account.
The User expressly authorizes the Company to share on the Platform, via any related module, the User's publications displaying the hashtag "#ORNEST" and/or in which one of the Company's professional accounts is identified (example: "@ornest_paris" for Instagram).
In any event, the User expressly undertakes to:
- Do not impersonate anyone,
- Do not use a false identity,
- In general, not to infringe the rights of third parties and other Users in any way whatsoever, including image rights, privacy, and copyright.
The creation of the Account is subject to the creation by the User:
- A password.
The User undertakes to keep his password completely confidential and not to communicate it under any circumstances to third parties, including other Users.
The login details allowing the User to access the Services consist of the email address provided when creating the Account, as well as the aforementioned password.
The User remains fully and exclusively responsible for the use made of his/her login details.
4.2. Identity verification
The creation of an Account is subject to verification of the User's identity.
To this end, the User must:
- Attach a copy of a valid identity document (national identity card or passport),
- If applicable, attach a copy of proof of address,
- Take a selfie-type video following the relevant instructions.
The above procedure has the exclusive purpose of verifying the authenticity of the information communicated to the Company by the User, and consequently the User's compliance with the conditions relating to the creation of an Account.
The Company uses the service provider Onfido, certified to the technical standards ETSI TS 119 461 and EN 319 401, as well as to the eIDAS EU Regulation 2014/910, for the purpose of carrying out the identity verification procedure referred to in this article.
Any request to create an Account, any request for Rental, or any request for Rental will be suspended by the Company until the identity verification procedure has been validly and expressly validated.
4.3. Fraudulent use of the Account and/or Services
The User undertakes to inform the Company, by any means including electronic means via the address indicated in article 12.4 of the T&Cs, of any suspicion of fraudulent use of his Account and/or the Services which may have been brought to his attention.
4.4. Suspension and deletion of the Account
Any breach of the T&Cs and the Privacy Policy by a User may result in the suspension, or deletion in the event of a manifest and prolonged breach, of their Account by the Company.
In any event, the User may request at any time, and for whatever reason, to unsubscribe and delete his Account, by sending his request to the email address indicated in article 11.3 of the T&Cs.
Deletion of the Account automatically results in the deletion of the Advertisements of the Owner concerned.
5. Advertisements and Rentals
5.1. Rental Duration
The Rental is subject to a period of 5 (five) days, including transport and shipping times.
5.2. Procedure and conditions applicable to the Lessor
5.2.1. Rental Request
The Rental request can only be made after the creation of an Account by the User, and the validation of said Account by the Company.
The Lessor must comply with the procedure referred to in article 4 of the T&Cs (acceptance of the T&Cs, acceptance of the Confidentiality Policy, creation of an Account and identity verification).
5.2.2. Payment terms
Payment for the Rental is made exclusively by bank card.
The Lessor agrees that the Company is authorized to collect the amounts indicated below.
The Company uses the payment management service provider Stripe for the purpose of collecting and transferring all sums collected via the Platform as part of a Rental.
Prior to any Rental, the Lessor must make a security deposit, the amount of which varies according to the value of the Item concerned.
The Lessor agrees that the Company, through the payment management service provider Stripe, will carry out a pre-authorization, on his bank account via his bank card, relating to (i) the Rental Price and (ii) the amount of the security deposit.
In principle, the amounts subject to pre-authorization are not debited from the bank account, except in exceptional circumstances according to the policy of the bank concerned.
From 24 (twenty-four) hours before the start of the Rental, the Company will (i) collect the Rental Price, and (ii) block, as a deposit, the security deposit for a period of 7 (seven) days.
As such, the security deposit may be collected by the Company in the event of the occurrence of one of the following events:
- Failure by the Lessor to comply with the T&Cs,
- Loss or theft of the Article,
- Failure to return the Article within the period referred to in article 5.2.4 of the T&Cs,
- Damage caused to the Article.
5.2.3. Receipt of the Article by the Lessor
Receipt of the Article by the Lessor takes place, at his convenience, at his home or at a delivery point chosen by the Lessor from the options offered by the Article's carrier or by the Company.
The costs of shipping the Item to the Lessor are fully borne by the Company.
In the event that, on the day of the Rental, the Lessor has not received the Item:
- The Article is immediately returned to the Company,
- The Rental Price is definitively collected by the Company,
- The amount of the security deposit is released and returned to the Lessor.
In any event, the Lessor agrees to contact the Company as soon as possible to report any difficulties.
5.2.4. During the Rental
The Lessor expressly agrees that it will keep the Item for the entire duration of the Rental, and therefore undertakes not to hand it over in any way to a third party, even temporarily.
5.2.5. Return of the Item by the Lessor
The package containing the Item, and sent to the Lessor by the Company, contains a shipping note allowing its return.
The Lessor agrees to return the Item using the original package.
The return is made by home collection at the suggestion of the Company (via courier) or by drop-off at a delivery point indicated to the Lessor by the Company or by a carrier, the related shipping costs being fully covered by the Company.
The Lessor agrees to return the Item no later than 1 (one) working day following the end of the Rental.
In the event of difficulties, the Lessor agrees to contact the Company without delay.
In the event that the Item has not been collected or dropped off at the delivery point within the aforementioned period, and the Lessor has not informed the Company of any difficulty relating to the return of the Item, the Company will proceed with the final collection of the security deposit, and reserves the right to invoice the difference between the security deposit and the replacement value of the Item.
5.2.6. Modification or cancellation of the Rental by the Lessor
The Lessor may modify or cancel the Rental, free of charge, up to 24 (twenty-four) hours before the start of the Rental.
In the event that the Lessor cancels the Rental less than 24 (twenty-four) hours before the start of the Rental, the Company will proceed with the final collection of the Rental Price and the return of the security deposit.
In the event that the (i) Lessor modifies the Rental by keeping the same start day, or the same end day of the Rental, and (ii) the new Rental is of a shorter duration than the modified Rental, the Company credits the remainder of the Rental Price under the Loyalty Program.
In the event that (i) the Lessor modifies the Rental by choosing a different Rental start day and end day, and (ii) the new Rental is for a longer period than the modified Rental, the Company will proceed with the final collection of the Rental Price, and invoice the Lessor a penalty equal to the number of additional Rental days.
Finally, the Company will not make any reimbursement of the Rental Price in the event that the Lessor, during the Rental, wishes to terminate it and return the Item before the scheduled end of the Rental.
5.2.7. Reviews left by the Renter
At the end of a Rental, the Lessor will have the opportunity to write an assessment on the Advertisement bearing the Item which was the subject of the Rental.
In this respect, the User undertakes to:
- Do not write a review that infringes the rights of third parties and contains inappropriate, obscene, defamatory, insulting, discriminatory, hateful and/or criminally reprehensible terms, in any form whatsoever;
- Not to disseminate information of a commercial and/or advertising nature, including by means of hypertext links redirecting to a website offering services similar to the Services;
- Do not mislead other Users by communicating false information.
5.3. Procedure and conditions applicable to the Owner
5.3.1. Rental Request
The Rental request can only be made after the creation of an Account and the validation of said Account by the Company.
The Owner must comply with the procedure referred to in article 4 of the T&Cs (acceptance of the T&Cs and the Privacy Policy, creation of an Account and identity verification).
The Owner may only offer for Rental Items of which he is the owner for at least the entire duration of the Rental.
The Rental request is made according to the following terms:
- The Owner completes the Item description form by providing the following information:
° Category,
° Subcategory,
° House,
° Model name,
° Dimensions or Size,
* State,
° Additional information.
The Owner is required to provide accurate information that complies with the characteristics of the Item, and must not request the Rental of an Item that is prohibited from sale or that infringes the rights of third parties (including cases of counterfeiting, or of an Item belonging to a third party).
- The Owner attaches photographs of the Article, up to a limit of 5 (five) photographs, of which 3 (three) are obligatory.
The Owner is required to attach photographs that comply with the characteristics of the Article, and must not attach photographs that infringe the rights of third parties and contain inappropriate, obscene, defamatory, offensive, discriminatory, hateful and/or criminally reprehensible elements.
- The Owner proceeds to send the Rental request.
5.3.2. Acceptance or refusal of the Rental request
When it receives a Rental request, the Company may:
- Accept the Rental request: in such a case, the Company contacts the Owner by email, providing him with a theoretical estimate of the Item and its rental value.
- Refusing the Rental request: in such a case, the Company is not required to provide reasons for its refusal, and cannot in any way be held responsible by the Owner for such a refusal.
5.3.3. Shipping of the Article
In the event that (i) the Rental request is accepted by the Company, and (ii) the Owner has given express agreement to the theoretical estimate of the price and rental value communicated to it by the Company, the latter will send the Owner, by email, a shipping note for the Item.
The costs of shipping the Item by the Owner to the Company are entirely borne by the Company, with the exception of the packaging and the package, which remain the exclusive responsibility of the Owner.
The shipment of the Article by the Owner, at his convenience, by collection from home via courier, or by drop-off at a delivery point offered by the Company.
5.3.4. Storage – Expertise
Upon receipt of the Article by the Company, it is immediately stored at the Conservation Center of the Crédit Municipal de Paris, in a private and secure storage space (safe, strongbox, private reserve).
The Company organizes the expertise of the Article, which is carried out by an independent and qualified third party (hereinafter “the Expert”).
The Expert verifies the authenticity of the Item, its characteristics, its condition (physical authentication), as well as verifying the conformity of the information and photographs communicated by the Owner when requesting Rental.
If applicable, the Expert issues a certificate of authenticity, as well as a condition report of the Item indicating its replacement value.
The Rental Price will be determined by the Company based on the aforementioned condition report and the replacement value of the Item.
Subsequently, the certificate of authenticity and the condition report of the Item are communicated to the Owner by the Company.
The Company takes photographs of the Item, which are kept for the purpose of carrying out, at the end of the Rental, the comparison procedure referred to in article 5.3.6 of the T&Cs.
In the event that the Item is subject to excessive damage, does not comply with the characteristics indicated in the Rental request, or constitutes a counterfeit, the latter is immediately returned to the Owner, who agrees to reimburse the Company for the costs incurred by it in the context of (i) the shipment of the Item, (ii) the storage of the Item, and (iii) the aforementioned authentication and expertise procedure.
5.3.5. Posting the Announcement
If the Owner agrees to the Rental Price, the Company will proceed to put the Advertisement online.
The Announcement contains:
- The following information:
° Title,
° Price per day of Rental
° Amount of the security deposit
° Price of the new article
° Article Model,
° Composition of the Article,
° Size or dimensions or weight of the Item,
° Origin of the Article,
° Reference and opinion of the Company.
° User Reviews.
- The photographs of the Article, which are produced by the Company.
In the event that the Owner disagrees with the Rental Price and/or wishes the Item to be returned to him by the Company, the latter agrees to reimburse the Company for the costs incurred by the latter in connection with (i) the shipment of the Item, (ii) the storage of the Item, and (iii) the authentication and expert appraisal procedure referred to in Article 5.3.4 of the T&Cs, up to a limit of €100.
5.4. End of Rental
At the end of the Rental, and upon receipt by the Company of the Item shipped by the Lessor, the Company will, using advanced digital tools, compare the characteristics and condition of the Item.
For this purpose, the Company takes photographs of the Article in the same situation and under the same conditions as the photographs referred to in Article 5.3.4 of the T&Cs.
The sole purpose of this procedure is to identify any damage or possible replacement of the Article with a counterfeit.
In the event of damage(s) caused to the Item, the security deposit is collected by the Company and a repair and restoration report is produced by a third party workshop.
In such a case, the restoration costs are deducted from the security deposit:
- In the event that the restoration costs are less than the amount of the security deposit, the difference is returned by the Company to the Lessor,
- In the event that the restoration costs exceed the amount of the security deposit, the latter is definitively collected by the Company, which invoices the Lessor for all costs not covered by the security deposit.
In the event that the Item cannot be restored to its original condition and must be replaced, the Company will charge the difference between the security deposit and the replacement value of the Item.
6. Reporting Abuse
The User is provided with a system enabling him/her to bring to the Company's attention any manifestly illicit content.
In this respect, the User may report said content to the Company by sending an email to the address indicated in article 12.4 of the T&Cs.
The Company reserves the right to remove reported content.
7. Insurance – Liability for Articles
The Company holds an insurance contract covering the Articles in all risks (hereinafter the “Guarantee”), except theft, loss, direct material damage and their aggravation, including:
- Resulting from an intentional, wilful or inexcusable fault of the Company,
- Resulting from non-accidental damage,
- Resulting from outdoor exposure, temperature variations, exposure to light and radiation,
- Resulting from all assembly, manufacturing, cleaning, maintenance, repair, restoration or alteration work.
The Warranty applies in the following situations:
- During storage outside of any Rental period: during the storage and assessment period referred to in Article 5.3.4 of the T&Cs, the Company undertakes to provide its best efforts to guarantee all necessary care to maintain the Items in good condition, to safeguard them and to ensure their security.
- During the Rental: it is specified that during the Rental period, the Lessor is exclusively responsible in the event of theft, loss, or damage caused to the Item. In such a case, the Lessor expressly agrees to inform the Company without delay, it being specified that the conditions referred to in article 5.4 of the T&Cs will apply.
- In transport and shipping, from and to the storage location: direct material damage caused to the Articles is guaranteed, provided that the latter are packaged appropriately, it being specified that the conditions referred to in article 5.4 of the T&Cs will apply.
8. Responsibilities regarding the use of the Platform and the Services
8.1. User Responsibility
The User acknowledges being fully and exclusively responsible for his own use of the Platform and the Services, and in particular:
- Information provided for the purposes of creating his Account, as well as information provided to the Company as part of a Rental,
- The content of the messages he sends to other Users via Messaging,
- The reviews he publishes on the Advertisements,
- Any violation, of any nature whatsoever, of the rights of other Users and/or third parties, including privacy, image rights, and copyright.
8.2. Liability of the Company
The Company is in no way responsible for the use of the Platform and the Services by the User.
The User expressly acknowledges that:
- The Company is in no way the owner, seller or reseller of the Articles,
- The Company only acts as an intermediary between Users,
- The Company is a third party to communications between Users through the Messaging, and does not exercise any prior control over said communications.
In any event, it is specified that the Company is in no way responsible:
- The content of exchanges between Users via Messaging,
- The content of the reviews left by Users on the Advertisements,
- The operation of the Services, and consequently, maintenance, interruptions, breakdowns, or malfunctions of any nature whatsoever of the Platform and the Services, in particular in the event of force majeure,
- Changes made to the Platform and the Services,
- The content of websites containing a hyperlink to the Platform and/or the Services,
- Any fraudulent or illicit use of the Services by Users;
- More generally, any violation, of any nature whatsoever, of the rights of other Users and/or third parties, including privacy, image rights, and copyright, by a User.
9. Personal data
The Company undertakes to comply with the legal and regulatory provisions in force regarding the collection and processing of personal data.
The conditions and methods of collection and processing of Users' personal data by the Company are defined in the Privacy Policy.
10. Intellectual Property
The Company is the exclusive owner of:
- From the Platform,
- From the brand “ORNEST”,
- More generally, all intellectual property rights relating to the textual, graphic, sound, video, software or any other nature elements making up the Platform.
No provision of the T&Cs may be interpreted as granting the User any right of any nature whatsoever over the elements protected by the provisions of the Intellectual Property Code.
Any representation, adaptation, transformation, translation or reproduction, in whole or in part, of the “ORNEST” brand, or more generally of all the contents of the Platform, is prohibited.
The User undertakes not to infringe the intellectual property rights of the Company.
In any event, the Company reserves the right to modify, at any time and without notice, the content of the Platform.
All websites containing a hyperlink to the Application are not under the control of the Company, which therefore declines all responsibility (in particular editorial) concerning access to and the content of these sites.
11. Miscellaneous provisions
11.1. Evolution of the CGU
The Company reserves the right to modify the T&Cs in whole or in part, and at any time.
In the event of a modification to the T&Cs, the Company undertakes to have the User accept the new T&Cs again when the User accesses the Platform again.
In any event, the User acknowledges that it is their responsibility to consult the latest version of the T&Cs before making a Rental Request or a Rental Request.
11.2. Validity of the provisions of the T&Cs
If one or more provisions of the T&Cs are declared invalid for any reason whatsoever, the other provisions of said T&Cs will remain fully valid.
In such a case, the aforementioned provision will be replaced by a valid provision whose meaning is as close to it as possible.
11.3. Waiver
No inertia or negligence on the part of the Company or the User in invoking the existence or total or partial violation of any of the provisions of the T&Cs shall constitute a waiver of the rights arising from said provision, such waiver only having effect if expressed in writing.
11.4. Contact – Complaints
Any complaint of any nature whatsoever must be addressed to the Company by email to the following address: membres@ornest.com.
11.5. Dispute resolution - Applicable law - Competent jurisdictions
The T&Cs are subject to French law.
In the event of a dispute between the Company and the User relating to the T&Cs, the latter agree to find an amicable solution within a reasonable period of time from the first complaint made by the User.
In the absence of an amicable settlement, the Company and the User agree to submit their dispute to the exclusive jurisdiction of the French courts.