General Conditions

Effective Date: October 29, 2022

Article 1. Purpose

These General Conditions (hereinafter referred to as the “GC”) establish the contractual conditions applicable to any rental or purchase contract for items, concluded between any user (hereinafter referred to as the “User”) and the company CASA BONAY, a simplified joint-stock company with a share capital of €79,773, registered with the Bordeaux Trade and Companies Register under number 913 591 871, whose registered office is located at 6 rue Francis Martin, 33000 Bordeaux, duly represented by Mr. Alban LEMAIRE (hereinafter referred to as “Airnest” or “The Company”), as Managing Director, via the website www.airnest.com (hereinafter referred to as the “Site”).

The contractual documents binding you to the Company (hereinafter referred to as the “Contract”) are the order summary and these T&Cs.

Article 2. Definitions

For the purposes of these General Conditions, terms beginning with a capital letter, whether used in the singular or plural depending on the context of their use, shall have the following meaning:

Items : means all furniture and household appliances offered for rental or sale by the Company. Items may be new or reconditioned.

Order : means the order(s) of Items for rental or purchase placed by the User with the Company.

Personal data : means all personal data provided by the User and enabling them to be identified or made identifiable, including information communicated by the User when registering on the Site, or resulting from their use of the Site, and the processing conditions of which are defined in the confidentiality policy accessible at the following address https://www.airnest.com/pages/politique-de-confidentialite .

Site : means the website accessible at the address www.airnest.com

User : means any natural or legal person benefiting from the services offered by the Company.

Article 3. Modification of the General Conditions

The Company reserves the right to modify these General Conditions at any time in order to take into account any legal, jurisprudential, editorial and/or technical developments.

In the event of substantial modifications, the Company will inform Users by any means and at least fifteen (15) days before their entry into force, so that they can become aware of the modifications and accept this new version.

In any event, the User is advised to regularly consult the General Conditions accessible at the address: https://www.airnest.com/pages/conditions-generales .

The version of the General Conditions that prevails is the latest version available on the Site. The version applicable to an Order is the one in force on the date the latter is placed.

Each new Order requires acceptance of the General Conditions in force by the User, which the latter acknowledges and accepts.

Article 4. Formation of the contract

4.1. Conditions for concluding the contract

Any Contract is concluded exclusively on our Site.

In order to enter into the Contract, you must:

  • Be of legal age and not subject to a measure of legal incapacity. Failing this, we invite you to ask your legal representative to conclude the Contract on your behalf;
  • Have a valid email address and a postal address in Metropolitan France.

4.2. Procedure for concluding the contract

The procedure for concluding the contract includes the following steps:


4.2.1. Order

The User submits his Order according to the process in force on the Site, by selecting the chosen Item(s), the rental period, the delivery address and the desired quantity.

The User acknowledges and electronically signs these General Terms and Conditions.

For rentals, the minimum subscription amount is €49 per month, all taxes included. Below this amount, the Company may refuse the User's Order.

The User proceeds to pay the first month's rent, it being specified that the contract will only be validly concluded after full receipt of these sums.


4.2.2. Acceptance of the Order by the Company

The Client must provide the Company with the following supporting documents to validate the rental contract:

  • Identity documents (valid identity card or passport);
  • Bank identity statement on which the Client's main income is paid;
  • Latest pay slip;
  • Proof of address less than 3 months old.

The Company reserves the right to request additional supporting documents from the customer if necessary to validate the subscription to the contract.

If the conditions specified above are not respected, the Client will not be able to finalize his commitment to the rental contract.

The Company reserves the right to refuse a rental request if the required conditions are not met, in particular in the following cases:

  • Initial payment failed
  • Unavailability of all or part of the requested items
  • Missing, incomplete, non-compliant and/or not clearly identifying supporting documents,
  • Non-payment of rent under previous contracts or existence of a current or previous dispute
  • Acceptance criteria defined by the Company not met

The Contract is concluded only upon sending by the Company of the order validation email.

Furthermore, and despite acceptance of the Order by the Company, the latter reserves the right to cancel any Order if the User does not pay the additional costs related to the delivery of the Items, under the conditions specified in article 8 of these General Conditions or does not pay the amount of the security deposit, requested according to the terms specified in article 6.1 of these General Conditions.

The User may request additional information on the condition of the Items (new, used or reconditioned) before sending their Order. In the absence of a specific request from the User, the Company will proceed with the preparation and shipment of the Order according to the agreed terms.

The information provided by the User when placing an Order is binding on the latter. In the event of an error in the recipient's contact details, the Company cannot be held responsible for any inability to deliver the Items.


4.2.3. Organization of the service

The User understands and accepts that for any Order, whether it is a rental or purchase of Items, the Company will contact him, by email or telephone, in order to organize the service ordered as well as its delivery. If the User does not respond to this contact, despite the Company's attempts, within 8 (eight) days, the Order will be canceled by the Company.

This procedure allows the Order to be definitively validated.


4.2.4. Availability of Articles

In the event of permanent unavailability of one or more Items ordered, the Company undertakes to inform the User as soon as possible.

The User may then, at his choice, request: (i) the replacement of the unavailable Item(s) with one or more Items of equivalent quality and price, or (ii) the reimbursement of the amount paid for the Order, this reimbursement taking place within thirty (30) days from receipt of the reimbursement request.


4.2.5. Formation of the contract

The rental agreement is validly and definitively formed between the Parties upon signing of this agreement. Notwithstanding the foregoing, the User understands and accepts that the rental agreement will be validly and definitively formed only once the payment of the first month's rental and the payment of the security deposit have been made.

Article 5. User Obligations

The User undertakes in particular to:

  • Not to sublet the Article or assign its rights and obligations to a third party;
  • Keep the Article in the same condition as when it was made available;
  • Do not move the Items to another address without the prior consent of the Company;
  • Return the Item within the time frame agreed upon when placing the Order and in accordance with the General Conditions;
  • Pay the monthly installments due for the rental of an Item for the entire duration of the rental chosen by the User. It is understood that in the event of an extension of the rental period under the conditions referred to in Article 9 hereof, the User undertakes to pay the additional monthly installments.

The User declares that he/she is familiar with the Articles and accepts them as they are and uses them in accordance with the agreed usage.

The User also undertakes to pay all taxes and duties inherent to the rental of the Articles (e.g.: audiovisual license fee).

The Rented Items are the property of the Company or its partners, as applicable. As such, they are not seizable by third parties, and the User does not have the right to assign, sublet or alienate them in any way whatsoever. The User may not make any changes to the Rented Items.

Article 6. Financial conditions


6.1. Security Deposit

The User will be required to pay a security deposit, equal to 5% of the reference value of the furniture (as indicated on the Site), which will be debited from their bank account as soon as the Order is validated.

The security deposit must be paid by the User for the Order to be definitively confirmed by the Company.

The User understands and accepts that pending receipt of the security deposit, the Order and the delivery of the Item are suspended. If the User fails to pay the security deposit, the Company may cancel the Order, and any sums already paid to the Company will be refunded to the User.

The security deposit may be cashed and retained by the Company in the following cases:

  • in full in the event of non-payment of one or more monthly installments;
  • in full in the event of two late payments noted during the rental period, even if the monthly payments were settled later;
  • in full if the Item has not been returned within 7 (seven) days from the scheduled end date of the rental;
  • up to the cost of repairing the item if it is returned in a damaged condition, if the latter is less than the amount of the security deposit;
  • in full if the repair costs of the Item are greater than or equal to the amount of the security deposit, the amount of the costs remaining in addition to the security deposit being also borne by the User, under the conditions provided for in article 10 herein.

Before retaining the security deposit in cases of non-return or damage to the furniture, the User will be formally notified by email to return the Item or repair it within 72 (seventy-two) hours. If the return is not satisfactory, the Company will retain the security deposit under the conditions specified above.


6.2. Service Prices

The rental amount is shown in the order summary and is expressed in euros. This rental amount is total and includes all taxes.

The User understands and accepts that additional fees may be charged in the following cases:

  • Delivery of the items requires a facade elevator.
  • Delivery of the items requires assembly of the furniture via stairs over at least 3 floors (elevator not available or not allowing passage of the items).
  • The delivery of the items is located outside of the Île-de-France region.

In the cases detailed above, the User understands and accepts that if they wish to have the order delivered, they must pay additional fees to the Company.

When the lease term is modified, the monthly payments are adjusted and invoiced in accordance with the provisions of Article 10 below. The rate is adjusted to reach the total amount due.


6.3. Payment terms


6.3.1. Initial Payment

Upon conclusion of the Contract and in accordance with Article 4.2, the User is required to make an initial payment by bank card representing:

  • the first month of rental
  • delivery charges, and
  • if applicable, the price of the Purchases

It is agreed that these sums are not deposits.

6.3.2. Invoicing and payment of rent

The billing period begins upon receipt of the items.

An automatic payment is set up between the User and the Company as soon as the order is validated. We also retain the details of the bank card used for your first payment on our Site. The User can then opt for recurring payments to this bank card.

The first month's rental is paid by the User on the day of the order.

Starting from the second month of the rental period, rent is payable monthly on the 6th of each month, regardless of the start date of the rental period. For example, if the User receives delivery on January 20th, they will be billed on February 6th for the period from February 20th to March 20th.

At the User's request, the collection date can be changed, without affecting either the amount due or the duration of the rental.

Any month started is due in full and no refund will be given, even in the event of cancellation during the month.

If the bank account changes during the rental period, the User must sign a new SEPA mandate by contacting AIRNEST no later than 10 (ten) days before the next payment due date. Otherwise, the Company reserves the right to pass on any costs incurred due to a rejected payment.

Payment for the Order by credit card or bank transfer is entirely managed by STRIPE and SLIMPAY, the Company's payment providers, through their secure payment platforms, the Company not intervening in the use of said services, which the User expressly acknowledges and accepts.

By accepting these General Terms and Conditions when placing the Order, the User also agrees to be bound by the general terms and conditions of use of the payment providers, accessible at https://stripe.com/fr/legal and https://www.slimpay.com/fr/politique-de-confidentialite/

The User acknowledges and accepts that their bank details will be kept by STRIPE and SLIMPAY to proceed (i) with the one-time payment of the Order price, or (ii) with the periodic payment of the rental price according to the offer chosen.

Notwithstanding the foregoing, the User is informed that the Company may have the last 4 (four) digits and the expiry date of his bank card for the purposes of payment verification and fraud prevention.

By choosing to pay by bank card, the User's payment may be subject to 3D Secure verification.

3D Secure is an authentication-based payment system that guarantees optimal security for the user during online payments. During the payment process, the user's bank verifies the cardholder's identity before authorizing the transaction.


6.4. Late payments and unpaid invoices

The User is informed that in the event of late payment, including due to a payment rejection for any reason whatsoever, for example if the bank account has insufficient funds at the time of the debit, the Company reserves the right to demand immediately all sums due to it, without prejudice to any other action that the Company may be entitled to take against the User.

In the event of a missed monthly payment, a formal notice will be sent to the User by email or post. If this notice remains unanswered after fifteen (15) days, the Company reserves the right to terminate the contract at the User's expense.

Upon termination of this agreement, the User shall be required to immediately return all furniture to the Company, in accordance with the terms stipulated in Article 10, without such return rendering any outstanding debt void. If the furniture is not returned within fifteen (15) days, the User shall be responsible for the retrieval costs. If, after thirty (30) days, the furniture remains unreturned, the Company may invoice the User for the replacement value of the unreturned furniture.

Furthermore, after two (2) missed payments during the term of the contract, even if the monthly payments are subsequently settled, the Company reserves the right to retain the security deposit paid by the User. This retention does not preclude any other actions the Company may take in the event of further payment defaults or failure to return the furniture.

The User must inform the Company of any change of bank account or expiry of bank card, no later than ten (10) days before the next payment due date.

For any rejected payment for any reason whatsoever, the Company reserves the right to pass on the costs incurred by such a rejection to the User's next monthly payment, with an estimated cost of €20.

For individual users
In accordance with the provisions of the Consumer Code, in the event of non-payment by the due date, a late payment penalty will be automatically applied. This penalty will be calculated at a rate equal to five (5) times the legal interest rate in effect on the date the amount due became payable.

For professional users
Under the Consumer Code (when acting in the course of their professional activity), in the event of late payment, a penalty will automatically be due for all unpaid sums from the first day of delay until full payment is received. This penalty will be equal to five (5) times the legal interest rate in effect on the due date. In addition, a fixed recovery fee of €40 will be charged, without prejudice to any further compensation that may be due if the actual costs incurred are higher, upon presentation of supporting documents, in accordance with Article L.441-10 of the Commercial Code.

These provisions apply automatically, without the need for prior formal notice.

Article 7. Withdrawal

In accordance with the provisions of Articles L.221-18 et seq. of the Consumer Code, the Consumer or non-professional User within the meaning of the Consumer Code (who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity) has a period of 14 (fourteen) clear days to exercise his right of withdrawal, without having to justify his decision, this period running from the confirmation of the Order on the Site.

If the period of fourteen (14) working days expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.

After this period, no withdrawal request will be processed by the Company.

The Consumer or non-professional User as defined above, who exercises his right of withdrawal, must inform the Company of his decision to withdraw by sending an unambiguous declaration expressing his wish to withdraw, by email to the address hello@airnest.com or by post to the following address: CASA BONAY, Monsieur Alban Lemaire, 6 rue Francis Martin 33000 BORDEAUX.

This declaration must contain the following information:

  • the User's name, first name(s) and address;
  • the number and date of the rental or purchase concerned;
  • the reference(s) of the Article(s) concerned by the withdrawal.

The Company will send the consumer or non-professional User an acknowledgment of receipt of said withdrawal by email as soon as possible.

The Company will reimburse the consumer or non-professional User for all sums paid in respect of the withdrawn Order no later than 14 (fourteen) clear days from the date on which it is informed of the User's decision to withdraw.

The refund will be made by the Company by the same means used to place the Order.

In the event of late reimbursement, the amounts due are automatically increased under the conditions provided for in Articles L.242-1 et seq. of the Consumer Code.

Article 8. Shipping, delivery, collection of the Article

Following confirmation of the Order, the Company will contact the User under the conditions set out in Article 4.2 of these General Terms and Conditions. If the User does not respond to this contact, despite the Company's attempts, within 8 (eight) days, the Order will be cancelled by the Company.

When making an appointment by telephone or email with the Company under the conditions specified above, the User must expressly report any access difficulties that the carrier may encounter, in particular the situations provided for in Article 6.2, and provide the measurements of the access passages to their home.

All additional costs related to the rental of lifts, delivery by cradle, or related to the assumptions provided for in article 6.2 hereof, will be the responsibility of the User and invoiced in addition to the price mentioned in the summary of the Order under the conditions provided for in the aforementioned article.

The User understands and accepts that in the event of additional costs, the delivery time of the Articles may be extended.

In the event that the Company or its appointed carrier is prevented from delivering, for a reason not attributable to the Company or its appointed carrier, in particular due to an absence of the recipient not notified at least 48 hours before the agreed date and time or inaccessibility of the delivery location not notified at the time of making the appointment, the Company or its appointed carrier will leave a delivery notice at the recipient's address or will contact the User by email, mentioning the possibility of a second presentation of the shipment, which will be the subject of a quote and which must be accepted in advance by the User. In the absence of a new date agreed with the User within 7 (seven) days following the initially fixed delivery date, the delivery will be deemed validly made and the contract will continue its effects, the User then being liable for the rent due for the rental of the Item.

The User undertakes to be present on the day of delivery agreed with the Company and to check the conformity of the Items upon receipt. In the event of the User's absence on the day of delivery, a fixed amount of €49 will be invoiced to the User.

Upon delivery, the User is required to sign the delivery slip. This delivery slip constitutes proof of receipt of the Order and the conformity of the Item.

In the event that the User refuses a delivery due to non-conformity of the Items or defectiveness of the Items, it is advisable to immediately contact the Company's customer service at hello@airnest.com to determine the applicable procedure.

The User understands and accepts that due to the specificities of the Service, the Items must be delivered and assembled at the User's premises by the Company or a professional appointed by the Company. As such, any delivery and assembly costs are borne by the Company, in accordance with the terms and conditions set out in Article 6.2 hereof.

Upon delivery and assembly, where applicable, of the Items, an inventory of the rented Items will be established jointly between the User and the representative of the Company or the professional mandated by the latter. In the event of disagreement, the most diligent party may appoint a bailiff who will be responsible for carrying out this task at joint expense.

The transfer of risks and liability relating to the Articles takes place upon receipt of the Articles delivered to the User.

From this date, the User will be solely responsible for the Articles, as well as for their use and any consequences that may arise therefrom, under the conditions specified in Article 14 hereof.

The Company undertakes to deliver the Articles within 2 (two) to 4 (four) weeks, unless otherwise requested by the User wishing installation after this period.

Article 9. Duration and termination

The Contract takes effect at the end of the training process detailed in article 4 of the General Conditions and is concluded for a period determined at the time of the Order.


9.1. Termination at the initiative of the User

At the end of the rental of an Item, the User can decide to:

  • Return the Article, according to the conditions provided for in article 10 of these General Conditions.
  • Extend the rental period of the Item.

By default, the contract will be automatically renewed every month. The customer may terminate their subscription at any time, subject to written notification by email to hello@airnest.com, respecting a period of 30 (thirty) days before the desired end date.

In all cases, at the latest the day before the end of the initial rental period, the User must inform the Company of the chosen option, by sending an email to the address hello@airnest.com.

The Company offers the User the possibility of extending the rental period or reducing it, subject to written notification, by email to the address hello@airnest.com , before the initial term of the contract in the event of an extension of the contract period or within 30 (thirty) days before the new desired term in the event of a reduction of the rental period.

The reduction in the rental period results in a change in the rate. In addition to the adjustment of the monthly payments, compensation due to early termination will be payable by the User corresponding to the difference in rent between the rental period that will be executed and the duration of the initial commitment.

In the event of total or partial non-performance by one of the parties of any of its obligations under the Order, the latter may be terminated in whole or in part by the other party, automatically and without formality, by registered letter with acknowledgement of receipt thirty (30) calendar days after formal notice has remained unsuccessful, without prejudice to any compensation which may be requested in compensation for the damage suffered.


9.2. Termination at the initiative of the Company

In the event of a breach of one of the User's contractual obligations, in particular in the event of non-payment of a single invoice, the Company will send the User a formal notice by email. If this formal notice remains without effect after fifteen (15) days, the Company reserves the right to terminate the contract.

Upon termination, the User is required to immediately return all rental Items within fifteen (15) days, under the conditions set out in Article 10 hereof, without this rendering the outstanding debt null and void. In the event of non-return within fifteen (15) days, the User must return the furniture at his own expense.

In the event of refusal to return the furniture or non-return within thirty (30) days following termination of the contract, the Company reserves the right to invoice the User for the replacement value of the furniture not returned, without prejudice to the amounts already due under the contract.

Failure to pay the amounts due, as well as failure to return the furniture, may result in litigation or legal proceedings. All costs associated with these proceedings (bailiff fees, lawyer's fees, court costs, etc.) will be fully borne by the User.

The Company also reserves the right to mandate a debt collection service provider to ensure the recovery of its debts.


9.3. List of Compensation and Financial Penalties

In the event of early termination of the contract, non-return and/or non-payment, the following fees may be applied:

Termination compensation

The User shall pay compensation corresponding to the monthly rate for the actual rental period, as indicated on the Site, multiplied by the actual rental period. This compensation may not be less than six (6) months of total rent. The actual rental period is calculated in full months, from the day the furniture is delivered until the day it is collected for return by the carrier.

Non-return of furniture

In the event of refusal to return or non-return of the furniture within thirty (30) days following termination of the contract, the Company expressly reserves the right to invoice the User for the replacement value of the unreturned furniture. This invoicing is without prejudice to the amounts already due under the contract.


Depreciation Charges

If the returned furniture shows damage or excessive wear, a restoration fee will be charged based on the actual costs of repair or replacement.

Administrative Fees

Additional fees may apply to cover:

  • Management of the non-return file
  • Administrative procedures related to the recovery of amounts due

The amount of these fees will be communicated to the User upon request.

Article 10. Return of items

At the end of the rental period, if the rental agreement is terminated or if the right of withdrawal is exercised for any Order, the User is required to return the Items. To this end, the User must contact the company at hello@airnest.com to arrange a collection date for the Item from the User's address.

Upon return, the Company or any person mandated by it shall carry out a joint inventory of the Items in the presence of the User under the same conditions as those provided for in Article 8 herein.

No claim by the User regarding the finding of damage to an Item will be admissible if the User is not present at this inspection.

In the event of a delay in returning the Items, the User is responsible for any damages suffered by the Company.

In any event, any item returned after the scheduled return date will be subject to an additional charge payable by the User, notwithstanding, where applicable, the retention of the security deposit under the conditions specified in Article 6.1, and without prejudice to any damages to which the Company or any other interested third party may be entitled due to this delay.

The amount of this additional charge is calculated pro rata to the number of days of delay, based on the rental price of the item(s) concerned, to which a 10% surcharge is applied.

In the event of breakage, malfunction, or damage to an Item due to the User's carelessness, negligence, or fault, the User shall be responsible for the resulting repair costs. If the Item is irreparable, the User shall owe the Company the purchase price of the Item, less any rental fees already paid by the User to the Company.

The User must, in all cases, return an Item in good working order, having sustained damage related to normal use. If, upon the Company's return of the Item, a defect is found, the repair costs incurred by the Company will be charged to the User. Depending on the amount of these costs, they may, where applicable, be deducted in whole or in part from the security deposit paid by the User under the conditions set forth in Article 6.1 herein.

In the event of theft, the Company must be informed immediately. It is the User's sole responsibility to file a police report and initiate a claim with their personal insurance company. The User must provide proof of this to the Company immediately. Monthly payments will continue to be debited throughout the entire process until the Company is fully compensated. A replacement item can be sent to the User upon request once the Company has been compensated for the loss of the stolen item. If the insurance company does not cover the compensation, the User will be liable for the value of the stolen item, less any rental payments already made by the User to the Company for the rental of the item.

Article 11. Liability, guarantee

The User agrees to use the Articles in accordance with their intended purpose. The Articles offered on the Site comply with the regulations in force in France. As such, the User declares that they have all the information necessary for the proper and secure use of the Articles.

The Company cannot be held responsible for any damage, of any nature whatsoever, suffered by the User or any third party due to improper use of an Article.

The Company guarantees that the Items comply with the descriptions available in the Order summary. At the User's request before sending the Items, the Company undertakes to inform the User of the exact nature of the Items, in particular if they are reconditioned. In the absence of a request from the User, the Company considers that the User accepts the Items as indicated in the Order without any particular specification.

Upon delivery and until the return of the Items in the event of rental, the User becomes the custodian of the rented Items and therefore assumes, with regard to third parties, the Company and himself, the responsibility relating to the Items delivered, in accordance with the legislation in force.

Apart from the legal guarantee of conformity and hidden defects, the User therefore guarantees the Company against any claim or demand, resulting from damage caused to property or damage caused to people, due to said Articles.

The User undertakes to take out, at his own expense, insurance covering the risks associated with the rented Items for the entire duration of the rental, in particular the risks of theft, fire, water damage, breakage, deterioration or destruction, whether caused by the User or third parties. In the absence of insurance or in the event of insufficient coverage, the User will bear alone the entire financial consequences associated with these claims, including the costs of repairing or replacing the Items.

Any deterioration of a rented Item due to improper use will be invoiced to the User in accordance with the terms of Article 10 above.

Article 12. Specific conditions for the sale of Articles

12.1. Scope of application

At the time of entering into the Contract, the User may choose to purchase Items, referred to as “Purchases”.

Only the order summary and articles 1, 2, 3, 4, 7, 8, 13, 14, 15 and 16 apply to Purchases. All other provisions of the General Conditions are inapplicable to them.

The amount of purchases is a fixed amount, expressed in euros, all taxes included. The User agrees to pay the total price due for the Order as validated by him and recalled in the Order summary sent by email by the Company.

The User also undertakes to remove the Article under the conditions referred to in Article 8 hereof.

The delivery times applicable to Orders for Items placed through the Site are those indicated when the Order is placed, before its validation. These times may vary, in particular depending on the delivery location, the delivery method chosen, the quantity of Items ordered and their availability. The delivery times announced when the Order is placed are indicated in working days and subject to validation of the Order.

The Articles are delivered according to the formula chosen by the User when placing their Order, to the delivery address indicated by the User.

The transfer of risks and liability relating to the Articles takes place upon receipt of the Articles delivered to the User.

12.2. Legal guarantees for purchases and guarantee of hidden defects

The Consumer or non-professional User within the meaning of the Consumer Code and as defined above benefits from the legal guarantee of conformity provided for in Articles L.217-3 et seq. of the Consumer Code.

Professional and non-professional Users benefit from the guarantee of hidden defects provided for in articles 1641 et seq. of the Civil Code of manufacturers of the Articles.


12.2.1. Concerning the guarantee against hidden defects

The Company is liable for the warranty against hidden defects in the Items which render them unfit for the use for which they are intended, or which reduce this use to such an extent that the User would not have acquired them, or would have paid a lower price for them, if he had been aware of them. The warranty against defects may be brought within a period of 2 (two) years from the discovery of the defect.

In this case, the User will have the choice of returning the Item and having the price refunded, or keeping the Item and having part of the price refunded.

12.2.2. Concerning the legal guarantee of conformity

The Company delivers an Article that complies with the Order and the General Conditions and is free from defects in conformity in accordance with applicable regulations, in particular in the sense that the Article will be suitable for the use usually expected of a good of the same type and that it will have the characteristics described in the Order.

The User has a period of 2 (two) years from the delivery of the Articles to take action.

Any lack of conformity which appears within 24 (twenty-four) months from delivery of the Article shall, unless proven otherwise, be presumed to have existed at the time of delivery.

The User is exempt from providing proof of the existence of the lack of conformity of the Article during this period of 24 (twenty-four) months.

In this case, the User will have the choice between repair or replacement of the Article, unless the requested compliance is impossible or results in disproportionate costs to be borne by the Company, in accordance with Article L. 217-9 of the Consumer Code.

The User is fully responsible for the use he makes of the Items ordered.

The User agrees to use the Items in accordance with their intended purpose. The Items offered on the Site comply with the regulations in force in France. As such, the User declares that they have all the information necessary for the proper and secure use of the Items.

The Company cannot be held responsible for any damage, of any nature whatsoever, suffered by the User or any third party due to improper use of an Article.

Article 13. Personal data

The Company may collect Personal Data concerning Users, particularly in the context of the creation and use of the space dedicated to rental, the offer of Services through the Site and through the use of cookies.


The Company ensures respect for User privacy and Data. It undertakes to ensure that the information collected through the Site is processed in accordance with applicable laws and regulations.


In order to know the terms and conditions of the processing of his Personal Data by the Company, the User can consult the confidentiality policy available at the address https://www.airnest.com/pages/politique-de-confidentialite and/or contact the person in charge of this subject within the Company by email at hello@airnest.com or by mail at the following address: CASA BONAY, Monsieur Alban Lemaire, 6 rue Francis Martin 33000 BORDEAUX.

Article 14. Complaints. Information. Mediation of consumer disputes

Any complaint or request for information relating to these General Terms and Conditions may be sent to the following address: hello@airnest.com. In the event of a dispute relating to the interpretation or performance of these General Terms and Conditions, the Company and the User will seek an amicable agreement.


If a dispute concerning the interpretation or performance of these General Terms and Conditions between the Company and the User cannot be resolved through a prior complaint filed by the User, the Company provides Users acting as consumers with a mediation service for disputes relating to the Services offered by the Company or concerning these General Terms and Conditions, with a view to their amicable resolution. In accordance with the provisions of the French Consumer Code concerning "the mediation process for consumer disputes," after contacting us and if you do not receive a satisfactory response, you may resort to a free consumer mediation procedure with: CM2C, 49 rue de Ponthieu, 75008 PARIS - Tel: +33 1 89 47 00 14 - Website: https://www.cm2c.net/declarer-un-litige.php - Email: litiges@cm2c.net

Article 15. Non-waiver - entirety

The fact that the Company does not take advantage of a breach of any of the obligations referred to herein against the User cannot be interpreted in the future as a waiver of the obligation in question.

If one or more provisions of this document are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

Article 16. Applicable law and competent jurisdiction

This contract is governed by French law.

The French courts shall have jurisdiction to rule on all disputes that may arise between a User and the Company relating to these terms and conditions, in accordance with the rules applicable to consumer law. Thus, pursuant to Article R.631-3 of the Consumer Code, the User may, at his choice, in addition to one of the courts with territorial jurisdiction under the Code of Civil Procedure, refer the matter to the court of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.

For disputes arising between the Company and a Professional User, it is expressly agreed that the competent court will be that of the jurisdiction of the Company's registered office, unless otherwise required.

APPENDIX: MODEL WITHDRAWAL FORM

To the attention of: CASA BONAY, Mr. Alban Lemaire, 6 rue Francis Martin 33000 BORDEAUX


I hereby notify you of my withdrawal from the contract relating to the order of the following Article(s):

Article Name(s) and Reference(s):

Ordered on:

Delivered on:

Order No.:

Name of the user who placed the order:

Address of the user who placed the order:

User signature if this form is notified on paper:

Date :

Special conditions related to KAZOO

Effective date: October 2022

Special conditions

The company CASA BONAY, a simplified joint-stock company with a capital of €60,000, registered with the Bordeaux Trade and Companies Register under number 913 59 871, whose registered office is located at 6 rue Francis Martin 3300 Bordeaux, duly represented by Mr. Alban LEMAIRE, as Managing Director (hereinafter the “ Company ”), operates the website accessible at the address https://www.airnest.com/ (hereinafter the “ Site ”).

Users of the Site have accepted the general conditions which define the terms and conditions under which the Company makes the Site available to them and offers its purchase and rental Services (hereinafter the “ General Conditions ”).

Successive versions of the General Conditions are accessible at the address: https://www.airnest.com/pages/conditions-generales.

As part of a partnership entered into with KAZOO (hereinafter the “ Partnership ”), the Company wishes to deviate from certain provisions of the General Conditions within the framework of these specific conditions in order to market the products of its partner (hereinafter “ CP ” and “ Products ”).

More broadly, these CP will be applicable to any partnership entered into between the Company and third parties in order to deviate from the provisions of the General Conditions. They may therefore be adapted according to said partnerships.

KAZOO wishes to offer a rental and sale service for reconditioned small household appliances (hereinafter the “ Products ”) via the Site.

Capitalized terms in these T&Cs have the same meaning as those defined in the General Conditions.

It is in this context that the Company offers Users KAZOO Products for rental and sale on the Site.

Before placing an Order on the Site, the User undertakes to read the general conditions of KAZOO available at the following address https://heykazoo.com/img/cms/20220331-CGKAZOO.pdf (hereinafter referred to as “ KAZOO General Conditions of Sale ”).

From the time of their acceptance, these CPs are intended to apply concurrently with the General Conditions.

It is understood that all other provisions of the General Conditions remain applicable.

Validation of the checkbox “ I have read and accept the General Conditions and I adhere to them without reservation ” constitutes full and complete acceptance of these CP, under the conditions provided below.

1. The rental and sale of the Products is provided by the Company in accordance with the General Conditions.

However, the User understands and accepts that KAZOO is the sole owner and holder of the rights attached to the Products rented for the entire duration of the Partnership. The Company only acts as an intermediary in order to rent and sell the Products to Users via the Site.

2. KAZOO undertakes to ensure that the Products presented by the Company are available under the conditions mentioned on the Site (rental duration, Product references, condition, etc.). If KAZOO finds itself, exceptionally and for reasons beyond its control, unable to make available to a User the Product described in the rental offer concerned, KAZOO undertakes to make available to this User, under the same conditions, a Product of an equivalent or higher category, with characteristics at least equivalent to those of the selected Product.

3. Users are informed that under the terms of the Partnership, the following services will be fully covered by KAZOO:

- Storage of Products,

- Delivery of the Products to Users within a maximum of 5 working days following the Order (purchase or rental) on the Site (unless otherwise requested by the Users concerned),

- Assistance throughout the rental period (parts and replacement in the event of a breakdown),

- Return of Products to Users at the end of the rental period and in the event of withdrawal by Users under the conditions provided for in the General Conditions;

- Verification by KAZOO, or any person designated by it, of the condition of the Products when they are made available and the Products are returned at the end of the rental period.

 

Any requests from Users regarding the aforementioned services should be addressed to KAZOO's customer service available at bonjour@heykazoo.com or via the Chat available on the KAZOO website. The Company undertakes to provide assistance to the User if necessary.

Any other request regarding the sale and rental of the Products should be addressed to the Company's customer service available at hello@airnest.com

4. The terms and conditions for renting Products on the Site are identical to those provided in the General Conditions, which the User understands and accepts. In addition, the User is invited to read the instructions for the Products provided before any rental.

 

5. The Company will also offer the Products for sale on the Site under the same conditions as those referred to in the General Conditions.

 It is however understood that in addition to the guarantees referred to in the General Conditions, the guarantees and exclusions of guarantees provided for in article 11 of the KAZOO General Conditions of Sale are applicable to the Products. The User is invited to carefully read the KAZOO General Conditions of Sale available at the address https://heykazoo.com/img/cms/20220331-CGKAZOO.pdf before purchasing the Products.

In addition, the User is invited to read the instructions for the Products provided upon delivery before any use.

As mentioned in point 3 above, KAZOO is solely responsible for ensuring the storage and delivery of the Products sold by the Company on the Site. Any complaints in this regard must be addressed directly to KAZOO's customer service available at bonjour@heykazoo.com

The User may also inform the Company of the situation so that it can make its best efforts to find a solution with KAZOO in the interest
of the User.

6. These Terms and Conditions are applicable and in force for the entire duration of the Partnership. At the end of the Partnership, the User understands and accepts that the rental and sale of Products on the Site will no longer be possible.