General Terms & Conditions
The term 'Material' refers to the items of tableware and decorative objects rented and specified on the quotation and the order. The term 'Client' refers to the party placing the order, who declares that they are fit to use the Material. The term 'Owner' refers to Rose and Frog. The term 'General Terms and Conditions for Rental of Rose and Frog' refers to the present document.
The Material remains the property of the Owner at all times and may not be removed, assigned or sub-let in any way without prior consent of the Owner.
The rates quoted are inclusive of all taxes and exclusive of the costs of transport and washing up. The Material can be picked up on the day before the event from the premises of Rose and Frog from 14:00 hrs or delivered from 15:00 hrs and must be returned on the day following the event by 11:00 hrs or prepared for pick-up by 10:00 hrs. For an event taking place on a Saturday the Material may be returned or prepared for pick-up by Rose and Frog two days after the event at the times specified above. All rentals exceeding this period will be subject to specific agreements and supplementary invoicing. The date and time for returning the Material must be respected and any delay will be invoiced at the applicable rate.
The order becomes effective on reception of the signed quote accompanied by a down payment of 30% and a deposit of three (3) times the total amount of the order and subject to availability of the Material at the time of order confirmation. By accepting the quote, the Client accepts the 'General Terms and Conditions for Rental of Rose and Frog'.
For all orders, the Client will be asked for a deposit equal to three (3) times the total amount of the order. The deposit shall be returned to the Client once full remuneration of all invoices has been received by Rose and Frog.
Cancellation of an order by the Client within one (1) month of the date of the provision of the Material will be subject to invoicing of cancellation compensation equal to 50% of the order amount. Cancellation fewer than eight (8) days before the date of provision of the Material will be subject to invoicing of cancellation compensation equal to 100% of the order amount. In the event of a personalised order agreed with the Client that entails Rose and Frog purchasing any of the Material for the occasion, cancellation will be subject to invoicing of cancellation compensation equal to 50% of the order amount regardless of the cancellation date.
A contradictory inventory will be taken at the time of provision. On reception of the Material, in the event of delivery the Client will be provided with the checklist of Material specified on the order. It is the Client's responsibility to verify the contents. The Client's signature shall be deemed proof of verification.
The Client acknowledges receipt of the Material in a satisfactory state of presentation and repair and fit for purpose. Due to its age and usage, some items of Material hired by Rose and Frog may exhibit minor irregularities or defaults, which will be noted on the inventory. The Client acknowledges acceptance of the rental of the Material 'as is'.
PICK UP AND DELIVERY
If the Client picks up the Material, the hire takes effect from the moment of pick-up from the premises of Rose and Frog (16, rue Jules Ferry, 32100 Condom, France) and terminates on return of the Material by the Client. Unless otherwise agreed in advance with the Client, the Material must be returned to the address where it was picked up.
Unless agreed otherwise, the Material will be picked up by the Client from the premises of Rose and Frog on the date(s) and time(s) specified on the quote. If the Client chooses to appoint a third person to pick up the Material, the Client must inform Rose and Frog in advance.
If the Material is delivered, then the rental commences at the moment of reception of the Materials at the location specified on the order and terminates on recovery of the Material by Rose and Frog. Delivery expenses are invoiced as a surcharge of 50 euro cents per kilometre. The price of delivery includes unloading and reloading the Material from and into Rose and Frog's vehicle on the ground floor with easy access. Any and all handling (climbing stairs, for example) unforeseen in the initial quote and any and all waiting time will be invoiced to the Client at € 40 per hour, per person, which invoice becomes immediately due.
The remainder of the invoice is payable at the time of picking up or delivery of the Material. Payment to be made on the date specified on the invoice.
In accordance with article 33 of the order dated 1 December 1986 and amended in May 2001 and with articles L441.3 and L441.6 of the French Commercial Code amended on the same date, non-payment of invoices on their due date is subject to delay penalties without the need for any final demand to be sent to the Client.
In the event of late payment, Rose and Frog reserves the right to suspend all current performances without prejudice to any other course of action.
RETURN OF MATERIAL
To relieve the Client of the washing up and laundry, Rose and Frog applies a 'return dirty' policy, which is invoiced at 15% of the order price for tableware and linens. The Material must be prepared for picking up or returned to Rose and Frog with any food scraped off, glasses free of any residual liquids, replaced in their original packing and grouped at the original place of delivery or returned to the location where it was picked up.
The rental period must be respected. If the Material is not returned on time, a surcharge will apply equal to a day's hire for each day or part day of delay.
A contradictory inventory will be carried out when the Material is picked up from the specified venue or returned to the premises of Rose and Frog. The presence of the Client or their Representative is indispensable to avoid any dispute.
LOST, MISSING, BROKEN AND DAMAGED MATERIAL
Any Material lost, missing, broken or damaged will be charged to the Client at the replacement value regardless of the causes or circumstances (evaluation list available on request). Rose and Frog will invoice the Client for the cost of replacement, which invoice becomes immediately payable. Any broken Material must be returned to Rose and Frog.
The client undertakes to use the Material strictly under normal conditions and to assure use their best endeavours to protect it from harm.
The responsibility and the physical and legal care of the Material provided are transferred to the Client throughout the rental term from the moment of picking up or delivery of the Material to its return to Rose and Frog. The Client is solely responsible for all damage to and loss of the Material.
Rose and Frog shall not be held liable for the harmful consequences of hidden defects of the Material rendering the Material unfit for the intended purpose. Rose and Frog accepts no liability for any accidents resulting from improper use of the Material.
On expiration of the contractual period, in the event of non-return of the Material, the Client becomes custodian of the Material in the sense of article 1915 of the French Civil Code and is not entitled to use or dispose of the Material in any way whatsoever.
EXEMPTION FROM LIABILITY
Rose and Frog cannot be held liable in the event of inability to perform, delivery delays or defaults due to events beyond their control including but not limited to strikes, accidents and extreme weather conditions. In such cases, no damages whatsoever may be claimed from Rose and Frog.
Any and all disputes ensuring from the interpretation and execution of these General Terms and Conditions are governed by French law. Failing an amicable resolution any disputes related to contractual relations between Rose and Frog and the Client shall be submitted to the Commercial Court in Auch.