- Rented items will be returned in the same condition with any contents as they were taken.
- In the event of damage/breakage to articles, the full purchase price must be paid. Provided that the damage in question was not present before the rental period.
- In case of loss or theft of one or more items, the sale price will be charged.
- The hirer remains responsible for the borrowed items at all times during the period that the items are not returned / in transit.
- If the items are not returned within the agreed period or with slight excess, a rental fee per item will be charged.
- The lessee cannot hold the lessor liable for indirect damages concerning burnt-out bulbs, dead batteries, consumables or the unforeseen breakdown of the loaned equipment.
- The lessor will mention any defects of the items on this contract.
* expand with examples from the sample text below:
- In these Rental Conditions, the following terms shall have the following meanings:
- Rental Terms: These rental terms and conditions of Bestwelhip.
- Contract: The agreement between Bestwelhip and the customer for the rental of interior items.
- Commencement Date: The day on which the rented package is delivered to the customer.
- Bestwelhip, based in Geleen, registered in the Commercial Register of the Chamber of Commerce
under number 78403103.
- Client: The contracting party with whom Bestwelhip has entered into a contract.
- Interior package: The furniture with any accessories of which Bestwelhip is the owner, supplied by
Bestwelhip to the customer under the contract on a lease basis. Working days: Monday to Friday,
excluding public holidays recognised in the Netherlands.
These Rental Conditions ''furniture lease'' shall apply exclusively to the contract, as well as to each offer of Furnder.com for the conclusion of a contract for the lease of a sofa or dining area, and shall form an integral part thereof.
The applicability of other conditions to the contract is hereby expressly rejected. An offer of Furnder.com is without obligation and can always be revoked. If the customer moves house, he will inform Furnder.com of his new address through the customer portal.
Destruction or nullity of one or more of the present provisions of this contract shall not affect the validity of the remaining provisions. In such a case, the customer and Furnder.com are obliged to enter into mutual consultation in order to reach a replacement arrangement in respect of the affected provision.
In doing so, the purpose and purport of the original provision shall be observed as much as possible. The contract or any right or obligation therein shall not be assigned or transferred by the customer to a third party without having obtained Furnder.com's prior written consent, failing which such
assignment or transfer shall be invalid and cannot be invoked against Furnder.com at law.
3. Conclusion of the Contract
3.1 The contract is concluded on the day on which Furnder.com has received the contract form signed by the customer and the accompanying appendices and the supplying party (Furnder) has sent an order confirmation to customer.
3.2 Customer vouches for the correctness of the information provided by him. Furnder.com is not obliged to check the correctness of the data.
4. Right of termination
4.1 If the contract for a package is concluded by telephone, through the website or by e-mail, it is a “distance contract” and the customer can dissolve the contract without giving reasons within 72 hours after conclusion of the contract.
4.2 In case the customer enters into an agreement to rent an interior, it is a case of customisation. In the event an interior is put together on behalf of the customer, the customer is not legally entitled to dissolve the contract.
4.3 In exception to article 4.2, an exception is made at all times. The customer has the right to dissolve the agreement within 72 hours of entering into it. In case customer exercises his right of dissolution as described in this article, he will notify Furnder.com in writing by e-mail (to: [email protected]).
4.3 If the customer exercises his right of dissolution, as described in this article, he will notify Furnder.com in writing by e-mail (to: [email protected]).
5. Monthly instalment and payment
5.1 On commencement of the contract, customer will pay Furnder.com any deposit agreed in the contract as security for the fulfilment of its obligations under the contract.
5.2 As from the commencement date, the customer shall owe Furnder.com the monthly rent agreed in the contract, plus VAT, as a Monthly Installment. Changes in the VAT rate and other government levies may be passed on to the customer, who will then be obliged to bear these costs (increases).
5.3 Payment shall be made in advance by monthly direct debit. The customer will give Furnder.com a direct debit authorisation for that purpose.
5.4 Furnder.com shall be entitled to charge reasonable administrative costs if a payment is reversed or cannot be collected automatically for other reasons. In such cases, Furnder.com will send a digital reminder and may claim the outstanding payments, including the administrative costs referred to
here, by means of a bank transfer. In that case, payment must be made within the term stated by Furnder.com on the invoice. If payment is not forthcoming, Furnder.com shall pass the claim on to the collection agency it engages.
5.5 In the event of overdue payment, the customer shall immediately be in default without further notice of default and shall owe Furnder.com from that moment interest and, with due observance of the term referred to in article 6:96, paragraph 6 of the Netherlands Civil Code, reasonable costs for obtaining extrajudicial satisfaction. Furthermore, Furnder.com shall in that case be entitled to suspend its obligations under this contract vis-à-vis the customer until all due and payable claims against the customer have been paid.
5.6 The amount of interest shall be equal to the statutory interest rate for non-commercial transactions, whereby a part of the month shall be regarded as a whole month.
5.7 The reasonable extrajudicial costs (including the costs incurred by Furnder.com itself to summon the customer and other administrative costs), which are reasonably incurred to obtain extrajudicial satisfaction, shall in any case be deemed to be the extrajudicial costs.
5.8 All reasonable (extrajudicial) costs, incurred by Furnder.com to obtain extrajudicial satisfaction of an obligation to pay a sum of money, shall be reimbursed by the customer to Furnder.com in accordance with the Decree on the reimbursement of extrajudicial collection costs and article 6:96, paragraph 6 of the Dutch Civil Code.
5.9 All reasonable legal expenses (including but not limited to lawyer’s fees), incurred in legal proceedings instituted by Furnder.com against a customer or vice versa to obtain satisfaction in court, must be paid by the customer to Furnder.com.
5.10 The monthly instalments and amounts owed by the customer shall be paid by the customer to Furnder.com without any discount or deduction. Customer shall not set off claims, from any principal whatsoever. Customer shall not be entitled to suspend any payment to Furnder.com.
6. Delivery of the Furnishings
6.1 Furnder.com will have the furniture delivered at the address stated by the customer in the order confirmation, after Furnder.com has received the customer’s down payment and/or deposit and the direct debit authorisation.
6.2 Customer shall inspect the furniture immediately after receipt and in any case before taking it into use. If customer finds the furniture in bad condition, or if he doubts its good condition, customer will immediately inform Furnder.com in writing by e-mail (to: [email protected]) and follow Furnder.com’s instructions.
7. Ownership of the Furniture
Furnder.com remains the owner of the furniture.
8. Use of product
8.1 The customer is not allowed to exploit the furniture commercially or to give it in use to third parties or to sublet it.
8.2 Customer shall behave as a good tenant. Customer shall use the Furnishings with care and comply with the manufacturer’s and Furnder.com’s instructions. Customer shall in any case:
1. Use the Furniture for the purpose for which it is intended.
2. Keep the Furniture in the same condition in which it was delivered to the customer by Furnder.com.
3. To take appropriate measures to prevent and limit damage, loss and theft.
4. Not carry out any (technical) modifications to the Furniture or make optical changes to the Furniture, such as, for example, removing features applied by the manufacturer.
5. Protect the Furniture from damage caused by weather, vapour and moisture.
6. Inform Furnder.com within 3 working days if a third party seizes the Furniture and inform this third party immediately of Furnder.com’s ownership rights to the Furniture.
8.3 Customer shall not repair the furniture himself and shall not have any third party repair the furniture, unless Furnder.com has given the customer its prior written consent.
8.4 Customer will report damage to, and/or loss and/or theft of the furniture to Furnder.com in writing by e-mail within 3 working days after the customer knows or could have known about it, via [email protected]. In case of loss or theft, customer will report this to the police within 2 working days and provide Furnder.com with the evidence of the report.
9.1 Furnder.com guarantees the functioning of the furniture in accordance with Furnder.com’s warranty conditions, if the customer uses it carefully. The warranty conditions form part of the contract between Furnder.com and the customer and are attached to the contract (annex).
9.2 In the event of non-functioning in accordance with the manufacturer’s warranty, the customer shall notify Furnder.com in writing by e-mail (via [email protected]) within 3 working days after the customer knows or could have known about it. The costs of this will be at Furnder.com’s expense.
The customer will follow Furnder.com’s instructions on the dispatch of the defective product. Furnder.com will have the furniture repaired or install a replacement product at the customer’s premises, unless the damage and/or the non-functioning of the furniture is, in Furnder.com’s exclusive opinion, attributable to careless use by the customer or to non-compliance with the manufacturer’s or Furnder.com’s instructions. In the latter case, the warranty conditions will not apply and the costs for repair/replacement of the furniture will be payable by the customer.
9.3 If the non-functioning of the furniture in accordance with its manufacturer’s warranty is not reported to Furnder.com within 3 working days, after the customer is or could have been aware of it, the customer cannot invoke the warranty provisions of this article 9 and the customer will be fully liable to Furnder.com for any damage suffered by Furnder.com as a result.
9.4 Damage, theft or loss of the furniture will be at the customer’s expense.
10. Liability of Furnder.com
10.1 Furnder.com shall only be liable for any damage suffered by the customer as a result of
a) an attributable shortcoming in the performance or non-performance of its obligations under the contract or
b) if there is damage resulting from death and/or physical injury. Furnder.com’s liability in case of
a) is limited to 4 monthly rental instalments. Furnder.com’s liability in case of
b) is limited to EUR 100,000 per event.
10.2 In case of intent and/or gross negligence, Furnder.com will not invoke the liability limitation.
10.3 Damage must be reported by the customer to Furnder.com in writing by e-mail to [email protected] as soon as possible, but in any case within 3 working days after the customer knows or could have known about it. Damage that is not reported to Furnder.com within that ter does not qualify for compensation, unless the customer proves that a timely reaction could not be expected.
11. Rental period
11.1 The contract shall be entered into from the effective date for the period agreed in the contract. After the expiry of this period, the contract ends.
11.2 Interim termination by the customer is not possible.
11.3 Customer shall owe the monthly instalment throughout the term of the contract. In case the customer is (temporarily) unable to use the furniture because of damage, non-functioning, loss or theft, the customer does not owe the monthly instalment.
11.4 Furnder.com shall only be entitled to terminate the contract prematurely with immediate effect if:
(a) Customer fails to fulfil his obligations under the contract, or circumstances come to Furnder.com’s knowledge after the conclusion of the contract give Furnder.com good reason to fear that the customer will not fulfil his obligations;
b) The customer is granted suspension of payment, provisional or otherwise, or an application is made to that effect;
c) Customer is or threatens to be declared bankrupt;
d) The customer is seized or threatened with seizure of furniture;
e) A request to apply the debt rescheduling scheme under section 284 Fw has been filed for the customer;
f) The customer is deceased;
g) The customer is or will be placed under administration or guardianship;
h) If there is a reasonable suspicion that the customer has moved without the customer having complied with article 2.4 of these Rental Conditions “Furniture lease”.
11.5 In the event that a situation as referred to in article 11.4 under a, b, c, d, e, or g occurs, the customer shall immediately notify Furnder.com in writing. In the event that a situation as referred to in article 11.4 under f occurs, (one of) the customer’s next of kin(s) shall notify Furnder.com immediately and in writing. The notification under this article shall be made in writing by e-mail to Furnder.com at [email protected].
11.6 If Furnder.com terminates the contract in accordance with article 11.4 with immediate effect, this will be communicated in writing to the customer (or to the next of kin in the case of article 11.4 under f) without delay.
11.7 Furnder.com shall not be obliged to pay any form of compensation to the customer (or to the next of kin in the event of termination of the contract on the grounds of article 11.4 under f) for any damage resulting from termination of the contract in accordance with article 11.4.
11.8 If Furnder.com terminates the contract pursuant to clause 11.4 prematurely, all claims against the customer (or against the next of kin in the case of clause 11.4 under f) shall be immediately due and payable. In addition, the customer shall owe a termination fee in the amount of 2/3rds of the remaining monthly instalments until the end of the contract.
11.9 After the end of the contract, Furnder.com will collect the furniture. Furnder.com will make an appointment with the customer for this purpose within 14 days after the end of the contract. In case of termination of the contract, in any way whatsoever, the customer shall deliver the furniture in good, original and complete condition with all delivered accessories. Customer shall comply with any instructions given by Furnder.com in this respect.
11.10 If Furnder.com does not find the furniture in good, original and complete condition with all delivered accessories, the customer will owe Furnder.com an amount equal to the replacement value of the furniture plus any deposit paid by the customer, without prejudice to the customer’s obligation to still return the furniture and Furnder.com’s right to full compensation.
11.11 After taking back the furniture in good, original and complete condition with all delivered accessories, Furnder.com will refund the customer any deposit paid after deduction of any monthly instalment and/or other monies still due to Furnder.com.
Furnder.com shall process the customer’s personal data for the purpose of the performance of the contract. When processing, Furnder.com will observe the applicable laws and regulations and the privacy statement published on the website.
13. Applicable law and disputes
13.1 Dutch law shall apply to the contract and the rights resulting from it.
13.2 All disputes arising in connection with, or as a result of, this contract and its performance, as well as disputes concerning agreements resulting from this contract, shall in the first instance be adjudicated by the competent court in the district of Zwolle, to the exclusion of any other court.