GENERAL RENTAL CONDITIONS
1. Contractual scope
1.1 These general rental booking conditions (hereinafter“General Conditions”) govern the terms and conditions for the provision of rental services of forographic and audio-visual equipment (hereinafter the“Products”provided by Sidereus S.r.l. (hereinafter the“Services”)having its registered office at Via Gualdo Priorato, 6 20134 Milan, Italy (hereinafter“Sidereus”),in favor of its clients (hereinafter“Client(s)”),in fulfillment of the contracts finalized online between the Client and Sidereus on the website http://sidereus.site/rental (hereinafter the“Site”).
1.2 These General Terms and Conditions govern the purchases made on the Site, in accordance with current legal provisions as well as, where applicable, the Consumer Code set forth in Legislative Decree No. 206/2005, as amended, and Legislative Decree No. 70/2003 regarding e-commerce electronic commerce. In particular, for the purposes of these General Conditions, the term “Consumer” means the natural person acting for purposes unrelated to the activity entrepreneurial, commercial, handicraft or professional activity carried out, if any.
1.3 The mere tolerance or failure by Sidereus to dispute any Customer’s failure to comply with the provisions of these General Conditions shall not be construed as tacit acceptance of such defaults, nor as a will to derogate from what has been agreed between the Parties in these General Conditions.
1.4 The Customer undertakes to read, before proceeding to the confirmation of its order, of these General Conditions, in particular the pre-contractual information provided by Sidereus and to accept them by placing a flag in the box indicated.
Sidereus reserves the right to add, modify or delete any provision of the these General Conditions, as well as the Site and its content, at any time to offer new products or services, or to comply with legal or regulations. The Customer will be subject to the terms of the General Conditions in effect at the time he or she makes the Product reservation, unless any changes to such policies and terms are not required by applicable law or the authorities competent authorities (in which case, they will also apply to orders placed previously).
Should any provision of these Terms and Conditions be held invalid, void or unenforceable for any reason whatsoever, such circumstance shall not affect the validity and effectiveness of the other provisions.
2. Pre-contractual information
2.1. The Customer before the conclusion of the contract of reservation of rental of the Products, takes note of the characteristics of the goods that are illustrated in the Product sheets on the Site.
Before sending the Order, the Customer is informed regarding:
- total price of the Product rental reservation including taxes;
- duration of the rental;
- term within which Sidereus undertakes to make available to the Customer the Products, at its store located at Via Gualdo Priorato, 6 20134 Milan, Italy (the “Store”).
- conditions, terms and procedures for exercising the right of withdrawal (art. 9 of these General Conditions).
Moreover, the Customer may at any time, and in any case before the conclusion of the contract, become acquainted with information about Sidereus, geographical address, telephone and fax number, certified e-mail address, information that is reported, also below:
Sidereus S.r.l. Via Gualdo Priorato, 6, 20134 Milan, Italy, telephone: 3938754576, PEC: sidereus@legalmail.it.
3. Methods of Reservations, Orders and Changes
3.1 In order to make a reservation on the Site, the Customer must select the Products of interest and the duration of the rental. The registration and acceptance of the reservation will take place only and exclusively upon payment, by the Client, of the cost of the reservation. Sidereus reserves the right to reject a reservation in case of previous defaults of the Client or, otherwise, disputes with the Client.
3.2. 3.2. The contract for the rental of the Products between Sidereus and the Client shall be deemed to be concluded upon. Sidereus’ acceptance of the Order and with the payment and receipt by Sidereus of the price agreed pursuant to Article 5 of these General Terms and Conditions (the “Price”).
Such acceptance is communicated to the Customer by sending an email confirmation of the Order itself, printable, containing the Order number, the list of Products ordered as well as the details of the ordering party, the rental price of the Product(s), the terms and terms of payment, information on the right of withdrawal and the cases in which the latter is excluded. The contract shall not be considered perfected and effective between the parties in the absence of what is indicated in the previous point. After checking the Order confirmation email, if the Customer identifies errors in the Order, he/she must communicate such errors within six (6) hours following the receipt of the email itself. After this deadline, the Order will be put into processing and no further changes will be accepted, without prejudice to the rights of the Consumer set forth in Article 9 below.
3.3 3.3 It is not possible to add a Product to a reservation already registered on the Site. For this purpose, the Customer will have to place a new Order.
4. Obligations of the parties
4.1. 4.1. By entering into the Product rental agreement, Sidereus agrees to delivering the rented Products at the Store, in perfect working order, guaranteeing their peaceful enjoyment for the agreed contractual duration.
4.2. 4.2. The Customer undertakes to take delivery of the Product(s) subject to the rental, to store it(s) with the diligence of a good family man, to pay the agreed Price as agreed upon in the Order and to return the Product(s) at the end of the rental period agreed rental.
4.3. 4.3. The Customer is responsible for the safekeeping of the rented Product(s) and for damages caused to third parties by improper use. The Customer is obliged to store and guard the Product(s) entrusted to him/her on rental with the utmost diligence.
5. Price
5.1. 5.1. For the rented Products, the price indicated on the Site is due to Sidereus.
For the reservation of the rental of the Products, the Customer shall pay to Sidereus an amount equal to 100% of the total cost of the rental. The reservation will only be registered following successful payment.
5.2. 5.2. Following receipt of payment, Sidereus will send the Customer an email of confirmation of the Order in accordance with Article 3.2 above.
5.3. 5.3. Any payment by the Customer may only be made in the manner indicated on the Site. In case of non-payment of the agreed consideration, the rental agreement shall be deemed not concluded.
6. Properties of Products
Unless otherwise agreed, all Products provided by Sidereus for the purpose of providing the Services are and shall remain the exclusive property of the same. It is prohibited to make modifications and tampering with the rented equipment without prior written authorization from Sidereus.
7. Information about the Products published on the Site.
All information regarding the Products published on the Site, while constantly updated, is intended as merely general informational material, as it is not it is possible to guarantee the complete absence of errors for which therefore Sidereus cannot be held liable, except in the case of intentional misconduct or gross negligence.
The visual representation of the Products, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves is for the sole purpose of presenting them for hire and may not be perfectly representative of its characteristics and qualities. In case of any difference between the picture and the written Product sheet, the description on the Product sheet shall always prevail. Sidereus reserves the right to correct errors, inaccuracies, or omissions even after an Order has been placed, or to change, at any time and without prior notice, the technical characteristics of models, drawings, dimensions, and any other technical and/or commercial information stated on the Site, in the catalog, or in other printed or software illustrative material, without prejudice to the Customer’s rights under these General Terms and Conditions and the Consumer Code.
8. Pick up of Products, Duration, Return, Theft, Breakage and Loss.
8.1 Products reserved on the Site must be collected from the Store upon presentation of the Order confirmation and a valid identification document. The Customer may pick up the Products as of 5:00 p.m. on the day prior to the rental day indicated in the confirmation e-mail.
8.2 The Customer is obliged to notify Sidereus in case of any delay in collecting the Products. Sidereus shall undertakes to store the Products until 7:30 p.m. on the last rental day indicated in the Order confirmation e-mail. After the aforementioned deadline, the reservation will be de facto effectively considered null and void and the Customer will lose the benefit of his reservation, without any no refund shall be due to him.
8.3 The duration of the rental is as stated in the Order confirmation email.
8.4 The Customer shall return the Products, by 12:00 noon on the day following the day of end of rental. In the event that the Customer returns the Products after 12:00 noon on the day following the end of the rental period, he/she will be required to pay a penalty in an amount corresponding to the daily rental rate multiplied by the days of delay in the redelivery of the Products.
8.5 In case of theft or loss of the Products, the Customer will be required to reimburse the price of the market price of the Products for purchase when new.
In case of theft, the Customer shall make a formal complaint to the Competent Authorities, providing Sidereus a copy of the report.
8.6 In the event of damage to the Products, the Customer shall be required to reimburse Sidereus for the costs of repair or replacement of the Products.
9. Right of withdrawal, refunds, cancellations
9.1 The Consumer has in any case the right to withdraw from the purchase of the rental reservation rental, without penalty and without specifying the reason, within the period of 14 (fourteen) days, commencing from the date of confirmation of the reservation.
The taking delivery of the Products shall count for all purposes as a waiver of the exercise of the right of withdrawal.
9.2 In the event the Consumer decides to exercise the right of withdrawal under 9.1, he must give express notice to Sidereus using the withdrawal form attached hereto or by sending an explicit statement of the wish to withdraw from the contract to be transmitted via PEC to sidereus@legalmail.it.
In case of withdrawal Sidereus will make the refund using the same means of payment chosen by the Client when purchasing the rental reservation within a period maximum of 14 days from the date of receipt of the withdrawal, subject to any transaction costs transaction retained by the intermediaries used therein (e.g., PayPal). In the case of payment made by bank transfer, and if the Client intends to exercise its right of withdrawal, must provide Sidereus with the bank details: IBAN, SWIFT and BIC necessary for the execution of the refund.
9.3. Without prejudice to the provisions of Article 9.2 above, no refund of the Price in case of cancellation of the reservation by the Consumer less than 2 business days from the date of pick-up of the Product(s), or in case of failure to pick-up the Product(s) on the day and time agreed with the reservation.
9.4. 9.4. In case of cancellation of the reservation by a person who does not qualify as a Consumer, a refund of the Price is due only if the order is cancelled at least 2 business days prior to the agreed date for collection of the Product(s).
10. Communications and complaints
10.1. 10.1. Written communications directed to Sidereus and any complaints shall be deemed valid only where sent by registered mail to the following address Sidereus S.r.l., Via Gualdo Priorato 6, 20134, Milan, Italy, or by PEC to the address: sidereus@legalmail.it.
10.2. 10.2. The Customer in the procedure of registration to the Site is required to indicate its residence or domicile, the telephone number or e-mail address to which he/she wishes communications to be sent by Sidereus.
11. Applicable law and jurisdiction
11.1. 11.1 These General Conditions are subject to Italian law.
11.2. 11.2. For the resolution of disputes relating to the interpretation, execution or termination of the these General Conditions, if the Customer is a Consumer, the competent jurisdiction shall be exclusively exclusively the court of his town of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, any any other court of jurisdiction excluded.
