CLAUSE 1: SCOPE OF APPLICATION

The present general conditions cover rental by DNP Photo Imaging Europe, a company governed by French law, registered under company number 312.273.550, with registered office at 50 avenue Daumesnil, CS41411-75579, PARIS CEDEX 12 under the sharingbox brand (“sharingbox”), of recreational, personalisable photographic terminals that take photographs autonomously and automatically, presented on the mysharingbox.com website, known as “the sharingbox terminal” and applying to any natural persons acting on non-professional grounds (“the customer”). These general conditions are deemed to be accepted by the customer at the time of placing an order, and they cover rental of the sharingbox terminals on the mysharingbox.com website.

CLAUSE 2: WITHDRAWAL AND RETURN OF A SHARINGBOX TERMINAL

Withdrawal and return of a sharingbox terminal by the customer take place at the location selected by the customer at the time of ordering.  Such withdrawal and return take place at the dates and during the hourly periods agreed between the parties at the time of ordering.

In the event of a return behind schedule, each day behind schedule begun will be invoiced at the rate of €200 exclusive of taxes.

In the event of a withdrawal behind schedule by more than 30 minutes due to the customer’s absence or unavailability, or to forwarding of incomplete or erroneous information, any hour of waiting begun will be invoiced at the rate of €65 exclusive of taxes. Any postponement of withdrawal from one day to the next is subject to express acceptance by sharingbox and will be invoiced at the rate of €100 exclusive of taxes.

CLAUSE 3: CUSTOMER’S LIABILITY AND INSURANCE

Responsibility for the sharingbox terminal is placed on the customer as from the time of withdrawal of the sharingbox terminal at the location given by the customer and until the time of return of the sharingbox terminal. The customer is responsible for any losses caused to third parties during use of the sharingbox terminal and must be covered by a professional civil liability insurance policy.

The customer undertakes to make reasonable use of the sharingbox terminal, in accordance with its intended purposes.

In order to enable operation of the sharingbox terminal, the customer must make sure that it is installed in a location that is protected from sunlight, rain and cold, enabling use at a distance of up to 1.50 m and equipped with suitable lighting for taking photographs (warm light, coloured spotlights to be avoided). Moreover, the customer must have a protected 220 V, 16 A power supply available, with a standard socket, not more than 1.50 m from the sharingbox terminal.

As from the time of withdrawal of the sharingbox terminal, the customer is prohibited from manipulating or dismantling the components of the sharingbox terminal, or from making modifications of any type whatsoever to the sharingbox terminal, including its programs, other than the manipulations necessary to install it, start it up, switch it off, uninstall it or deal with such problems as may have been shown at the time of withdrawal of the sharingbox terminal or in the email sent to the customer by sharingbox. The customer vouches for compliance with that prohibition by such persons as may have access to the sharingbox terminal while it is under their responsibility.

In the event of damage or theft, the customer undertakes to inform sharingbox immediately and without delay by e-mail or phone (every day from 9am to 10pm).

France	infofr@mysharingbox.com	+33 1 49 38 65 50
Belgique	infobe@mysharingbox.com	+32 2 375 80 75
Suisse	infoch@mysharingbox.com	+41 21 525 15 00
Italie	infoit@mysharingbox.com	+39 02 24 16 6438
Pays-Bas	infonl@mysharingbox.com	+31(0)85 303 37 23

In the event of difficulties as to use, the customer has troubleshooting tools at his disposal, as set out in clause 11 of the present general conditions. A comprehensive insurance policy must be taken out to cover all rentals of sharingbox equipment. That insurance limits the customer’s financial exposure for all amounts exceeding the deductible of €350 (to be met by the customer and deducted from the guarantee deposit) concerning any of the following costs:

– The cost of damage caused to the equipment or repairs to the equipment rented out by sharingbox or its purchase value if it is irreparable or not found

– The cost of immobilisation of the equipment during repairs or if it is irreparable

– The costs of transport linked to repairs on the equipment

The events covered by the comprehensive insurance policy are:

– Theft of the equipment following an intrusion;

– Attempted theft of the rented equipment;

– Any acts of vandalism or deterioration committed on the equipment while it is under the customer’s responsibility;

The following cases lie outside the scope of the insurance cover

– If the equipment is stolen or damaged through the customer’s negligence or more precisely (but not limited thereto) due to the fact that the equipment has been left unguarded or entrusted to an unauthorised person;

– Theft or damage caused to personal and/or professional belongings not rented from sharingbox, even though they have been damaged or stolen

Conditions governing application of the comprehensive insurance policy:

– Having taken out a comprehensive insurance policy;

– Compliance with our General Conditions of rental;

– informing the local police of any incident or event, immediately or as soon as reasonably possible, and forwarding us the police report certifying that the report has been made to the police;

– Informing sharingbox immediately and without delay, not more than 24 hours after occurrence

– Filling in the damage form with the sharingbox uninstaller in the event of recovery of the equipment by sharingbox at the location of your event, or filling in the damage form with a member of the sharingbox team at the time of return of the sharingbox equipment.

CLAUSE 4: STATE OF THE EQUIPMENT

All equipment placed at the customer’s disposal by sharingbox is considered as being in good condition regarding operation, presentation and maintenance, and being in compliance with the customer’s requests at the time of withdrawal of the sharingbox terminal; the customer signs the “withdrawal and return” form confirming receipt of the sharingbox terminal and confirming its state. It is up to the customer to express such reservations as he may find necessary and point out in particular any visible defects or missing elements. Failing any such reservations on the withdrawal and return form, the sharingbox terminal is considered to be in a perfect visible state of operation when it is handed over to the customer. By signing the withdrawal and return form, the customer confirms that he has a good working knowledge as to use of the sharingbox terminal. The withdrawal and return form is signed again by the parties at the time of returning the sharingbox terminal.

CLAUSE 5: PAYMENT

The customer owes the amounts shown at the time of placing the order.  The said amounts are determined on the basis of the elements forwarded by the customer at the time of placing the order. Any changes in the said elements may entail invoicing of further amounts.

The rental amount must be paid at the time of validation of the order.

Moreover, an amount of €500 is to be paid as a guarantee deposit, as set out in clause 7 below.

CLAUSE 6: CANCELLATION

The customer can cancel the rental contract at no cost if he does so more than 60 days before the agreed date of withdrawal of the sharingbox terminal.

After that date, he is required to pay compensation calculated as follows:

Date of receipt of the cancellation by sharingbox	Compensation due as a percentage of the total cost of rental
Between 60 days and 30 days before the scheduled date of delivery or withdrawal	50%
Between 29 days and 20 days before the scheduled date of delivery or withdrawal	75%
Between 19 days and the day before delivery, at the date of delivery or withdrawal, or during the rental period	100%

CLAUSE 7: DEPOSIT AND RESTITUTION

The customer undertakes to pay a guarantee deposit of €500, at the time of withdrawal, by bank card (processing charges are applicable), in cash or by cheque (option only possible for withdrawals in France) at the time of withdrawal of the sharingbox terminal. No withdrawals can be made if the guarantee deposit has not been paid.

The sharingbox terminal must be returned in the state in which it was at the time of withdrawal and as set out where applicable on the withdrawal and return form.

The guarantee deposit is paid back after return of the equipment rented and after verification that the sharingbox terminal is returned in the state in which it was at the time of withdrawal. sharingbox is entitled to retain definitively all or part of the guarantee deposit, to compensate for the deductible amount if a claim is made against the insurance policy as set out in clause 3.

In the event of failure to return, theft, loss or deterioration of the sharingbox terminal, sharingbox is entitled to keep the full amount of the guarantee deposit definitively, without prejudice to its right to make further claims for damages if the amount of its losses exceeds that of the guarantee deposit, if the customer fails to comply with the conditions for application of the comprehensive insurance policy. Such losses may include, without the list being limited thereto, the costs of repairs to, or replacement of, the components of the sharingbox terminal, where applicable the purchase cost of a sharingbox terminal, together with the loss of earnings for sharingbox arising from the impossibility of renting the sharingbox terminal out to other customers during the period of repairs to, or replacement of, the sharingbox terminal.

CLAUSE 8: PERSONALISATION

The sharingbox terminal is configured by sharingbox in accordance with the options and theme adopted by the customer at the time of booking on the mysharingbox.com website

CLAUSE 9: OBLIGATION AS TO INFORMATION

sharingbox forwards information to the customer about assembly, installation and use of the sharingbox terminal at the time of withdrawal of the sharingbox terminal, and also by email. By signing the receipt form, the customer confirms that he has received, at the time of withdrawal, all that information, and information about the safety measures to be complied with when using the sharingbox terminal.

CLAUSE 10: USE OF THE SHARINGBOX TERMINAL

The sharingbox terminal is intended for strictly private use, in family or private circles. The customer undertakes to refrain from any professional or commercial use of the sharingbox terminal. Subject to full payment of the rental amounts, sharingbox transfers to the customer, within eight days as from the date of return of the sharingbox terminal, at the email address that the customer has forwarded, or by any other means agreed with the customer at the time of placing the order, all the data and images collected by the sharingbox terminal during the rental period.

The customer has access, within the limits of availability of the computerised technology, to the data and images of the event stored by the renting entity. The data and images are stored for a maximum period of 365 days as from the date of the video recording

Without giving the customer any notice, the data and images are deleted definitively from the sharingbox server.

sharingbox and its subcontractors implement all reasonable means to provide the customer with optimum data storage services. Nonetheless, under no circumstances can sharingbox be held liable for any direct or consequential losses linked to the precision, quality, reliability or availability of the data storage services. In this respect, sharingbox provides no guarantees in particular as to the fact that the subcontractors’ data storage services are uninterrupted and free of all errors, or that the data are saved in a reliable, permanent way.

The customer is authorised to place the sharingbox terminal at the disposal of all the users present during the private event that he organises, but he is required to ensure compliance by all such users with the detailed instructions set out in the user guide. In this respect, the customer is responsible for ensuring that all such third parties are correctly informed about the conditions of use for the sharingbox terminal and the various safety measures. In particular, the customer informs all users of the fact that pulling on photographs during printing can make the paper jam and prevent printing. The customer undertakes to ensure that all third parties use the sharingbox terminal in compliance with its intended purpose and in compliance with the user guide.

The customer and the users are the only persons viewing the subjects and the contents of the photographs, which are not checked by sharingbox before their distribution, where applicable.

The customer undertakes to comply with the provisions of the “Informatics and Liberties” law of January 1978 on such personal data as may be collected, used and/or processed on his behalf, and stem from use of the sharingbox terminal. sharingbox acts as a subcontractor for the customer. sharingbox reserves the right to ask the users present, directly on the terminal, whether or not they agree to receive commercial information from sharingbox.

CLAUSE 11: REPAIRS – REPLACEMENT

In the event of a malfunction affecting the sharingbox terminal, the customer must start by referring to the information provided for the customer, in particular at the time of withdrawal and by e-mail; the customer can contact the helpline numbers (clause 3).

If the malfunction has been caused by the customer, in particular in the event of non-compliant installation or use, or a monitoring shortcoming, the technician’s intervention is invoiced to the customer in accordance with the cost matrix in force at the date of the intervention. If the sharingbox terminal cannot be repaired, and subject to another sharingbox terminal being available, it may be replaced. If it becomes necessary to replace the sharingbox terminal due to the customer’s fault, in particular in the event of incorrect installation, incorrect use or lack of supervision, the customer will be invoiced for the cost of repairing or replacing the sharingbox terminal and the cost of removal.

CLAUSE 12: LIABILITY OF SHARINGBOX

sharingbox cannot be held liable for any damage not stemming from a hidden defect in the sharingbox terminal that makes it unfit for its intended use, for any consequential losses (in particular any consequences concerning the event organised) or for any losses arising from a case of force majeure as defined by jurisprudence (and in particular in the event of bad weather, a natural risk, or civil or military disturbances). Moreover, sharingbox cannot be held liable for any malfunctions of the sharingbox terminal resulting from a faulty internet connection stemming from a WiFi network fault, an electricity supply fault, insufficient or unsuitable lighting, or an installation or use that fail to comply with the sharingbox recommendations and in particular in the event of paper jamming caused by the users.

CLAUSE 13: ASSIGNMENT OF THE CONTRACT – SUB-LETTING

The customer is prohibited from assigning his rights under the present contract, and sub-letting or lending the sharingbox terminal.

CLAUSE 14: CONFIDENTIALITY

Both parties undertake to consider as strictly confidential all information forwarded to them within the framework of execution of the rental contract, and in particular all technical, commercial and financial information concerning sharingbox and its services, and they hence undertake to refrain, throughout the period covered by the rental contract and for three years as from the date of return of the sharingbox terminal, provided that the information referred to above has not become public knowledge, from disclosing it on any grounds, in any form and to any persons whatsoever.

CLAUSE 15: TERMINATION

Failing withdrawal of the sharingbox terminal under the modalities agreed on at the time of placing the order, sharingbox reserves the right to terminate the rental contract, notwithstanding the compensation provided for in clause 2 of these general conditions of rental.

CLAUSE 16: MARKING OF THE EQUIPMENT RENTED – SEIZURE AND GUARANTEE

The customer undertakes to maintain the visibility of the “sharingbox” marking placed on the sharingbox terminal and to ensure that it is not masked or hidden. If a third party proceeds to seize all or part of the sharingbox terminal, the customer undertakes to inform sharingbox of the fact immediately and notify the seizing party that the sharingbox terminal is the property of sharingbox. If seizure occurs in spite of these measures, the customer takes all necessary steps with a view to obtaining release from seizure. sharingbox reserves the right to arrange for refunding by the customer of the costs laid out to enforce its ownership rights towards the seizing entity. The customer also undertakes to refrain from giving the sharingbox terminal as a charge or pledge.

CLAUSE 17: LOYALTY – REFRAINING FROM CANVASSING

The customer undertakes to refrain from offering for sale or rental an equipment unit featuring functionalities similar to those of the sharingbox terminal, for a period of two years as from the date of signature of the rental contract.

The customer undertakes to refrain from canvassing the salaried staff and representatives of sharingbox for a period of one year as from the date of concluding the rental contract.

CLAUSE 18: DATA OF A PERSONAL NATURE

At the time of reserving terminals, data of a personal nature are collected, and they are processed in order to make the sharingbox terminal reserved available. To find out more, you can peruse the Personal data policy

The personal data collected, where applicable, via the sharingbox terminal during its use, are processed as required to make the photos taken available. The data are stored for a period of one (1) year as from the date of their collection. The data are used solely for internal purposes and they are not transferred to third parties for commercial purposes. They are thus forwarded to the employees of sharingbox and to companies in the group owning sharingbox. You can exercise your rights in accordance with the modalities set out in the Personal data policy

CLAUSE 19: APPLICABLE LAW

In the event of contestation or disputes concerning execution and/or interpretation of the contract concluded between sharingbox and the customer, the competent courts are those covering the location of occurrence of the losses. The rental contract is governed by French law.