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Introductory Article: Definition

By "Product(s)": it is meant all the New Products offered for rent by MOVE & RENT on the commercial website, namely furniture, household appliances and electronic multimedia devices.

By "Site": it is meant the Internet Site www.moveandrent.nl operated by the company MOVE & RENT.

By "Customer": it is meant the individual having the status of consumer or non-professional who wishes to rent for a fixed period, one or more of the items rented by MOVE & RENT for his\her personal needs.

By "Rental": it is meant the rental contract concluded between MOVE & RENT and the Client, relating to the Products(s) offered on the Site.

By "MOVE & RENT": the Dutch company Move&Rent, registered in the trade register of the Chamber of Commerce under number 82180172 and with its office at Hogehilweg 16, 1101 CD in Amsterdam, Nederland. This company is a branch of the simplified joint stock company with a capital of  € 28.183, whose registered office is at 48 Boulevard de l'Université, 44600 Saint-Nazaire, France registered with the Saint-Nazaire Trade and Companies Register under number 838 584 837, APE 7729Z. VAT No. Intracommunity VAT No. FR 62838584837.

By "Customer service": it is meant the MOVE & RENT customer service located at Hogehilweg 16, 1101 CD in Amsterdam, Nederland, reachable by post, by telephone on (+31) 085 - 01 630 37 (price of a local call from fixed and mobile phones), from Monday to Friday, from 9am to 6pm (CET), or by email via the form in the Contact section of the Website.

 

Article 1: Application, enforceability of the general rental conditions

These general rental conditions (GRC) apply exclusively to all product item rental(s) offered by MOVE & RENT via the commercial website.

Only individuals of legal age who have the legal capacity to enter into a contract may book on the Site. MOVE & RENT reserves the right to refuse any order from a Customer with whom a dispute exists or has existed.

Consequently, the fact of placing an order implies the Client's full and unreserved adherence to these GRC.

MOVE & RENT reserves the right to adapt or modify these general rental conditions at any time. In this case, only the general rental conditions in force on the day of the rental agreement will be applicable and this, for the entire duration of the rental contract.

 

Article 2: Creation of a personal account

In order to be able to make a rental agreement on the Site, the Customer must create a personal account. The Customer must complete the form in order to provide all the personal information necessary to open his\her account and execute the rental contract, namely, title, surname and first name, date of birth, billing address, delivery address, telephone number, valid e-mail address subsequently corresponding to the Customer's ID, and the creation of a password. The Customer declares him\herself to be of legal age and undertakes to provide fair and truthful information. This information is critical for the execution of the rental contract. In any event, the email address must be valid and accessible by the Customer. Under no circumstances may MOVE & RENT be held liable for the Customer's temporary or permanent inability to access his\her e-mail address.

In addition, the Customer undertakes to regularly update his\her information, and most especially regarding any event having an impact on the relationship with MOVE & RENT.
During each visit, when the Customer wishes to access his\her personal information in the "My Account" area or when placing a new order, he\she must first identify him\herself by entering his\her username and password.

It is agreed that the online identifier(s) communication is proof of the Customer's identity and fully constitutes an electronic signature under the Civil Code, the identifiers being personal, individual, confidential and non-transferable. In general, the Customer is fully responsible for the use of his\her identifiers, he\she is responsible for the custody of his\her password. He\she will ensure that no other unauthorised person has access to his \her customer account.

The Customer undertakes to immediately inform MOVE & RENT of any unauthorised use of his\her identifiers and\or any breach of the security of his\her account.
MOVE & RENT cannot be held responsible for the Customer's lack of diligence in creating his\her personal account, modifying and updating personal data and as a result of incorrect contact details, with any consequences regarding the delivery of the products or the execution of the rental contract.  MOVE & RENT may at any time verify the veracity and conformity of personal data, all this in compliance with the applicable privacy laws and regulations.

However, if MOVE & RENT finds that any of this information appears to be incorrect and\or misleading, it may request additional information from the Customer and reserves the right to suspend or terminate any contractual relationship with the Customer or to suspend access to the Customer.

 

Article 3: Rental contract agreement

3.1 The Customer commits to the rental offers according to the process in effect on the Site. To subscribe to a rental contract, the Customer must have a minimum basket value of 50€ (all taxes included) for his \her first payment via the Site (this includes, the amount of the first rental payment and the amount of the security deposit).

He\she must select the chosen Product(s), the rental period duration, the delivery area and the desired quantity(ies) which are visible in the "My Basket" section.

Dependent on the delivery location chosen, the order will be placed automatically via the Site or will be the subject of a rental\delivery quotation provided by MOVE & RENT (for requests out with the normal delivery area(s)) and sent to the Customer.

3.2 The order will be summarised within "My Basket", which can be consulted at any time and which includes all the elements of the order, in particular the Product(s), quantities, rental period, rental city, monthly rental(s) for equipment, fixed price for delivery\assembly\product(s) return/warranty, monthly rental(s) all included, security deposit, total first payment due, the number of remaining monthly payments due and any possible discounts\reductions.

The rental contract is fully agreed and in force when:

• The Customer’s email address and password have been entered and accepted, the Customer has placed his\her order (first click), has been able to read and accept the GRC, has checked the content of his\her order (all the Products he\she wishes to rent and their price), has corrected any errors and has confirmed it by a second click, in accordance with the provisions of articles 6:227a through 6:227c of the Civil Code.
• The Customer has transmitted all the supporting documents in digital format (as listed below) and provided the mandatory information stipulated in Article 2 and that the documents have been verified by MOVE & RENT as conforming to Article 4;
• The Customer has paid the security deposit provided for in Article 9 and the first monthly instalment of the contract.

The Customer must provide MOVE & RENT with the following supporting documents to validate the rental contract:

• Identity documents (valid identity card, passport or driver’s license). In doing so, the Customer must hide the Citizen Service Number and the photo. However, blocking the photo is not necessary if the Customer has given explicit consent for the processing of his/her photo. The latter can use an ID cover or the KopieID app of the Ministry of the Interior and Kingdom Relations for this purpose. The Customer is responsible for blocking this data.;
• Bank Account Number\IBAN;
• Last payslip;
• A proof of residence less than three months old;
• For students: student card/school certificate. In doing so, the Customer must hide the Citizen Service Number and the photo. However, blocking the photo is not necessary if the Customer has given explicit consent for the processing of his/her photo. The latter can use an ID cover or the KopieID app of the Ministry of the Interior and Kingdom Relations for this purpose. The Customer is responsible for blocking this data.

MOVE & RENT is entitled to ask the customer for additional supporting documents if necessary to verify the contract agreement, all this in compliance with the applicable privacy laws and regulations.

If the supporting documents are not received or verified, the order will be cancelled and the Customer will not be debited for the first payment and no actual payment will be made.
In the absence of compliance with the conditions specified above, the Customer will be unable to complete his\her agreement to the rental contract.

The Customer has the right of withdrawal to cancel his\her order in accordance with Article 22 "Right of withdrawal" of this agreement.

In accordance with article 6:227c paragraph 1 of the Civil Code, any agreement to a valid rental offer confirmed by the second click constitutes an obligation to pay.

3.3 In the case of the Customer's moving location, the Customer must inform MOVE & RENT and specify the new and complete address where the Products will be located.

 

Article 4: Customer identity and submitted information verification

MOVE & RENT reserves the right to ask the Customer for supporting documents for security reasons, in order to verify the identity of the Customer and the veracity of the information (last payslip, valid national identity card, passport or driver’s license (with shielded Citizen's Service Number and photo if applicable), proof of residence dating back less than three months...). The Customer must download the requested documents directly to the site in digital format.

The contract will only be valid after receipt and verification of the documents sent.

The verification of supporting documents shall be carried out within a maximum period of 24 hours from receipt (except at weekends and on public holidays).

MOVE & RENT is entitled to ask the customer for additional supporting documents if necessary to verify the agreement to the contract (sent by e-mail).

 

Article 5: Confirmation of rental contract agreement

Once all the preliminary formalities have been completed and the order confirmed by MOVE & RENT, the Customer will receive an e-mail from MOVE & RENT, containing an acknowledgement of receipt confirming the rental contract agreement and which summarises the rental(s) made by him\her.

All invoices will be available in the customer area in "My orders" and can be directly downloaded by the Customer. The Customer will be notified via automated emails of the various stages of his\her order and will also be able to view the details of his\her order in his\her customer account.

 

Article 6: Customer information

6.1 The offers contained on the Site are valid as long as the Products related to them remain online and until such time as they become unavailable.

6.2 Each Product has a photo and description on the product listing which includes the essential characteristics of the Product and, where legally required, the specific information and details. MOVE & RENT takes the utmost care to provide photographs and the most accurate Product descriptions possible.

The Customer is required to refer to the description of each Product in order to understand its properties and essential features.

The Customer acknowledges having received, prior to placing his\her order, in readable and understandable form, these general rental conditions and all the by MOVE & RENT provided information and data regarding the Product, and with particular reference to:

• the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
• the cost of renting the Product(s) and any related costs (delivery, for example);
• in the absence of immediate contract execution, the date or time limit by which MOVE & RENT undertakes to deliver the Product to the Customer;
• information relating to the identity of MOVE & RENT, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context;
• information on guarantees and their implementation;
• the possibility of using mediation in the event of a dispute;
• information relating to the right of withdrawal (existence, conditions, time limit, terms for exercising this right and standard withdrawal form), cost(s) of returning the Products, termination terms and other important contractual conditions.

6.3 In the event of the unavailability of a Product in the product catalogue of the rental agreement, Move&Rent undertakes to replace it with a product of the same range and with the same characteristics.

Article 7: Rental price - Payment terms

7.1 Rental prices are expressed in euros, all taxes included. MOVE & RENT reserves the right to change its prices at any time. However, the guaranteed rental price to the Customer is the one appearing on the Site at the time of the rental agreement.

Rental fees and delivery, installation, return and warranty charges are fixed for the duration of the contract, the rental fee and charges are payable on the 10th of every month.

The rental fee price is determined according to the type of product rented and the duration of the selected rental period, the delivery location, accommodation accessibility (floor number, lift, etc. the cost of logistics (assembly\installation\return\warranty) in accordance with the pricing conditions shown on the Site.

In the event of a manifest and gross typographical error with the price displayed, the rental contract may be cancelled by MOVE & RENT or by the Customer.

7.2 Payment of the rental fee is made by direct debit no later than the 10th of each month as per the confirmation of the rental contract agreement (article 3), a rental payment corresponds to the rental of the Products for a full calendar month. This payment is payable in advance.

The first payment made by the Customer corresponds to the payment of the first rental fee and the security deposit which is made following confirmation of product(s) availability by MOVE & RENT. The amount of the rental fee corresponds to one (1) full month from the delivery date (e.g.: contracts over six months), delivery date 28/01/19, First rental fee for rental period from 28/01/19 to 28/02/19 = one (1) rental fee paid at the time of ordering, final rental period from 28/06/19 to 28/07/19).

The first rent is paid via the Customer's credit card or by iDeal. To make a payment, the credit card must bear one of the following symbols: CB, Visa, Mastercard or American Express (excluding Maestro and Electro cards).

In the event of missing parts or non-availability of parts from MOVE & RENT, the rental contract will be invalid. The Customer will not be charged his\her first rental fee nor the security deposit. Payment by the payment centre does not constitute payment but solely a bank authorisation. The payment of the first instalment is only made if the order is confirmed by MOVE & RENT. In the event that the order is not confirmed, the bank authorisation will be cancelled and no actual payment made. Any updating of bank records is subject to deadlines specific to each banking institution and is beyond the control of MOVE & RENT.

Thereafter, the remaining rental fees are payable monthly by direct debit from the Customer's bank account. For payments by cheque or bank transfer, orders cannot be made directly via the Site. The Customer must send his\her request by email contact@moveandrent.nl.

With regard to direct debit, the Customer must provide his\her bank account details (in IBAN format) and accept the direct debit authorisation when finalising his\her order. The Customer must also send a copy of the direct debit authorisation to his\her bank.

In the event of a change in his\her bank details, the Customer is required to inform MOVE & RENT by communicating his\her new Bank Identity Statement\IBAN in the appropriate My Account customer area at least ten (10) days prior to his\her monthly payment.

7.3 Non-payment

The Customer guarantees MOVE & RENT that he\she has the necessary authority to proceed with payment when consenting to the Product(s) rental agreement. The Customer undertakes to ensure that the payment method indicated at the time of consent to his\her agreement remains valid throughout the contract. MOVE & RENT reserves the right to suspend all rental management and delivery in the event of payment authorisation refusal by officially accredited organizations and\or in the event of non-payment.

In the event of payment default or refusal, MOVE & RENT reserves the right to pass on the costs incurred to the Customer's next monthly payment upon presentation of supporting documents and, additionally, the suspension of its services, in particular after-sales service. Interest shall be added to any remaining sums due to MOVE & RENT by the Customer, after ignored reminders, on the basis of the legal interest rate. This will be calculated from the date of receipt of the letter giving notice to pay.

In the event that a payment voucher issued to MOVE & RENT is not honoured, the Customer will be invoiced for any miscellaneous costs related to the unpaid amount (fees for rejecting an unpaid cheque or direct debit, etc.).

Without prejudice to the foregoing, MOVE & RENT reserves the right to terminate the rental contract early in the event of default by the Customer, in accordance with Article 10.2 detailed below. MOVE & RENT will proceed to the recovery of the Products, the collection costs will be at the Customer's entire expense.

7.4 Payment security

For payment security, MOVE & RENT all transactions via the Site are secured by the HTTPS (Hypertext Transfer Protocol Secure) protocol, as well as its payment partner, STRIPE. The submission of bank details and the “signing” of a direct debit mandate are secured by the STRIPE payment system. The Customer agrees to the use of his\her personal data for the purpose of issuing and storing an electronic certificate for the purpose of “signing” a direct debit mandate online.

7.5 Invoice delivery

An invoice incorporating the monthly payment schedule will be sent both by email and be accessible and downloadable by the Customer in the "My Account" area under the "My Orders" tab within a maximum of seven (7) days following the delivery of the Rented Products.

The Customer can access all monthly invoices issued by MOVE & RENT throughout the duration of the contract via his\her "My Account”.

MOVE & RENT strongly advises the Customer to retain this confirmation of the rental contract agreement and all invoices issued on paper and\or digital media, as proof.

7.6 Promotional offers

The offer details are provided with each offer (validity period, amount of discount, etc.) and are supplied as a promotional code which will be added to the basket. The reduction is automatic. Offers are not cumulative and are only valid for an order placed on the Site.

 

Article 8: Security deposit

A security deposit is required from the Customer for any rental period exceeding two (2) months. The security deposit is paid and collected at the time of the rental contract agreement, at the same time as the first rental fee payment. The amount of the security deposit is specified in the rental offer on the Site, it is cited in both the order and the order confirmation.

The amount of the security deposit corresponds to a monthly rental fee.

It is intended to cover any damage suffered by MOVE & RENT as a result of damage caused to the Product(s), theft, failure to return the Product(s) or non-payment of the rental price, in accordance with the terms defined in Article 14.4 hereof.

It is agreed that the amount of the security deposit shall in no case constitute an indemnity limit, MOVE & RENT retaining, where applicable, the right to sue the Customer in order to obtain full compensation for his\her negligence.

 

Article 9: Contract duration

9.1 The rental contract is for a fixed term depending on the duration chosen by the Customer at the time of the rental offer agreement.

The duration of the rental contract runs from the day the rented product(s) is (are) made available to the Customer, subject to a delivery report drawn up on the Site and completed by the Customer or his\her representative.

This period is in principle fixed but may be revised during the term of the contract by mutual agreement between the parties.

No rental period may be less than one (1) month or more than twelve (12) months.

9.2 The rental contract automatically ends upon completion of the rental period chosen by the Customer at the time of the rental agreement. Prior to this deadline, MOVE & RENT will contact the Customer who will have the options of:

• not continuing the rental of the Products, in which case the parties will agree on a date for returning the Product(s) subject to the rental agreement.
• continuing the rental agreement with MOVE & RENT.

All information on the continuation of the rental (rental fee amount) can be found in the "My account" customer area under the "My orders" tabs and then "Order details".

 

Article 10: Early termination

10.1 In the event of the Customer’s death, the rental contract will be automatically terminated subject to the provision of supporting documents to MOVE & RENT.

10.2 This contract may be terminated early by either party in the event of failure to adhere to any of the obligations set out herein and\or of any of the obligations inherent in the activity performed.

Early termination shall take place fifteen (15) days after a formal notice served by registered letter, with acknowledgement of receipt by the defaulting party, indicating the intention to apply this clause, which has remained without effect.

10.3 If the Customer wishes to terminate his\her contract early and without any fault on the part of MOVE & RENT, he\she will be liable for the remaining monthly payments due until the completion of the initial term of the rental contract. The same shall apply if the contract is terminated early at the Customer's expense.

 

Article 11: Delivery and return

Product(s) delivery and installation is an integral part of the rental service and is mandatory for the Customer. 

11.1 Delivery

11.1.1 Delivery times are specified in the product listing and also on the order confirmation. Delivery times are only indicative. Delivery takes place at the address specified by the Customer at the time of the rental agreement.

11.1.2 The Customer, when authorising his\her order, may choose his\her desired delivery date according to the delivery time schedule. The Customer will be informed by email of the different stages of his\her order and his\her current delivery tracking is also available in his\her customer account area.

The Customer or his\her representative must be present on the day of the delivery appointment, and except in cases of force majeure and in the absence of a new date agreed between the parties within eight (8) days  following the initial agreed delivery date, the delivery shall be deemed to have been made and the contract shall continue in force, in particular the monthly rental fees shall be due, without any right of Customer complaint .

Similarly, in the event of a second Customer absence during a second attempt by the MOVE & RENT teams, the delivery will be considered to have been made and the contract will continue to be effective. Any additional delivery(ies) will be invoiced to the Customer at the current rates.

11.1.3 The Customer must ensure the ability to deliver and install the Rented Product(s). Consequently, he\she must ensure access to the place of delivery (dimensions of doors, stairways etc). It is the Customer's responsibility to provide the requisite information when ordering regarding compatibility between product dimensions, location accessibility as well as access features (lift, access code, etc.). The Customer is solely responsible for a failure to deliver and\or install, due to a lack of this provision of the foregoing information at the time of the rental agreement. In the event of inability\lack of feasibility noted at the time of delivery, the Customer will then assume all of the consequences. In this case, the Customer will be considered as absent, the rescheduling of a new delivery will be invoiced to the Customer at the Customer's entire expense and he\she will also bear all additional costs incurred by arrangements made for the delivery and installation of the Products.

Delivery from outside and with a goods lift is not included in the rental price. An additional cost will be charged if a goods lift is required.

Additionally, if delivery is impossible, MOVE & RENT will have the right to terminate the rental contract, but will retain a deduction from the security deposit for the costs incurred.

11.1.4 Upon delivery of the Products and installation, the rented Products are delivered, unpacked and assembled.

Within 24 hours of any Product(s) delivery, the Customer must complete a document called an "acceptance report" (PV de réception) on the Site. This report contains at least the following information: the order number, the subject, the message and your proof of delivery.

Any reservations concerning the condition of the Product(s) must be mentioned for each Product on the acceptance report. (The Customer will have the option to add photographs if any Products have defects.)

This document must be signed electronically by the Customer. If the Customer does not complete the online receipt report within twenty-four (24) hours of delivery, the delivery will then be considered to match the order placed, either in quality and\or quantity.

11.1.5 In accordance with the Articles 6:265 to 6:267 of the Civil Code, in the event of failure by MOVE & RENT to fulfil its obligation to execute the contract within the time limit provided for above, other than in the event of force majeure, the Customer may terminate his\her contract in writing or, if the agreement was concluded electronically, by means of a statement issued electronically if, after having instructed MOVE & RENT, in the same way to install the Product(s) within a reasonable additional period of time, the Product(s) has\have not been installed within that period of time.

The contract is considered terminated upon receipt by MOVE & RENT of the letter or other written notice of such termination, unless MOVE & RENT has since satisfactorily fulfilled its contractual obligations.

The Customer may immediately terminate his\her contract when MOVE & RENT refuses to deliver the rented Product(s) or when it fails to fulfil its obligations within the prescribed period and this period constitutes an essential condition for the Customer to agree to the rental contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer before the rental contract agreement.

In these cases, MOVE & RENT shall reimburse the Client for all sums paid, at the latest within fourteen (14) days following the date on which the order was cancelled.

However, in the event of a delay in delivery of more than seven (7) working days in relation to the delivery date agreed between the Parties, and directly and exclusively attributable to MOVE & RENT, MOVE & RENT may make available to the Customer, if the latter so wishes and explicitly requests, an additional product of a category equivalent to that of the rented product, subject to the terms and conditions of the rental contract agreed. In this case, the Customer undertakes to make the additional product in good working order available for return to MOVE & RENT on the day of actual delivery of the Product initially rented. If MOVE & RENT does not take back the additional product, because the Customer is not available, the days following the actual delivery of the rented Product will be invoiced in addition to the Customer under the price conditions of the rental contract. If the Customer does not wish to accept the equivalent Product, MOVE & RENT will deduct an amount from the rental fee corresponding to the missing Product rental fee until it is delivered to the Customer.

11.1.6 The Customer acknowledges and accepts that MOVE & RENT may use subcontractors for the delivery, installation and return of the Products.

11.2 Installation, assembly\connection of furniture and lighting accessories, household appliances and electronic multimedia Products

The connection of the Product(s) is made to an existing installation that complies with current standards. It is the Customer's responsibility to take note of the detailed Product characteristics and the installation’s with current standards currently in force.

The connection service includes, depending on the type of product:

• Lighting products: installation at the place of use, electrical connection and supply of the appropriate bulb.
• Household electrical products: unpacking, installation at the place of use, electrical connection, connection of the water supply and drainage.
• Multimedia electronic devices: unpacking, installation, electrical connection and tv channel setting. The connection of the devices to each other and wall mounting are not included in the service.

In the event of installation non-conformity, and at the discretion of the MOVE & RENT team, the connection will not be made in accordance with MOVE & RENT procedures in order both not to damage the Products and for safety reasons.

The Customer can then:

• refuse the Product and terminate the contract. In such a case, the Customer will remain liable for the security deposit and the first monthly payment for the costs incurred by MOVE & RENT.
• take due note of this non-conformity which will be listed on the delivery report and puts the rented equipment into service under his\her sole responsibility. The Customer shall bear sole responsibility for this installation and its consequences and shall be invoiced by MOVE & RENT for any costs incurred as a result of any claim due to the use of a non-compliant Product installation.

This service does not include any installation involving a modification of the Customer's place of residence: cable routing, wall mounting, etc. For this type of service, the Customer is invited to contact MOVE & RENT to obtain a quote.

11.3 Non-compliance

The Customer must complete the acceptance report under the conditions specified above.

In the absence of the Customer's electronic signature, the Products are deemed to be taken by the Customer in good condition and in good working order.

In the event of any non-conformity of the Products in the order or in the event of a malfunction of the Products, MOVE & RENT undertakes to exchange the Products as soon as possible.

The Customer cannot refuse a Product in working order. In addition, it is the responsibility of the Customer to ensure the compliant dimensions of the Products. Any refusal of Products due to a Customer's error in assessing dimensions cannot be accepted by MOVE & RENT.

11.4 End of the rental contract

11.4.1 At the end of the contract or upon its early termination, the Customer undertakes to make the Product(s) available within seven (7) days of the end of the rental contract, with a view to its\their return to MOVE & RENT or one of its partners. The Customer shall complete a return report via his\her My Account, in agreement with MOVE & RENT or its partner, stating the functional condition and appearance of the product(s) on that date. He\she may attach photographs of the Products. The Customer undertakes to make a true declaration of the of the Products conditions and to specify any damage or malfunction. An assessment of the Products will be undertaken on the day they are taken back. This statement shall be signed by each of the parties. He\she shall supply, as evidence, the return date of the rented product(s) and the date of transfer of risks. The Customer’s monthly payments must be up to date.

11.4.2 The Customer must return the Products in perfect working order and state of cleanliness, they must be returned in the same condition in which they were when they were delivered to the Customer and accompanied by all the accessories. The condition of each Product must correspond to a state of normal operation with only normal wear and tear. Claims reported on return will be invoiced to the Customer up to the amount of the costs incurred by MOVE & RENT for the repair, cleaning or recycling of the Product.

11.4.3 The Customer undertakes to return the Product(s) on the scheduled date. Failing this, MOVE & RENT shall be entitled to invoice an indemnity for non-return set at fifteen (15) euros per day of delay deducted from the day after the scheduled date of return, without the need for prior formal notice. Without prejudice to the foregoing, MOVE & RENT may institute any civil or criminal legal proceedings against the Customer.

The security deposit will be returned in full to the Customer one (1) month after the effective date of return of all Products (accessories and documentation), subject to non-degradation, deterioration, malfunction of the Products, and payment of the full rental price.

If the Customer has not provided a guarantee deposit (rental period of less than four (4) months), he\she will be charged up to the full value of the damaged product, repair costs and\or the Customer’s unpaid debts.

 

Article 12: Product conditions of use

12.1 The Rented Products remain the exclusive property of MOVE & RENT for the duration of the rental contract. The delivery of the Products transfers the legal custody risks of the Products and becomes the responsibility of the Customer in the event of theft, loss and for any damage that it caused during their use and possession, and this, until the return of the Products to MOVE & RENT.

The risks are transferred to the Customer as soon as the Products are delivered. The Customer shall assume the custody of the Goods under his\her sole responsibility and undertakes to take all necessary care and diligence to ensure that the Rented Goods are not damaged and that all necessary precautions are taken with regard to their use. Any sub-leasing of the Products is prohibited.

The Customer undertakes to use the Products in accordance with the instructions, conditions of use and technical data sheets for each Product provided to him\her.

12.2 The Customer may not, whether free of charge or not, transfer or sell the Rented Products covered by this Agreement, nor grant or allow the acquisition of any rights over such property.

12.3 MOVE & RENT does not replace consumables, e.g. batteries, under any circumstances.

 

Article 13: Guarantee of use of the Product(s)

In addition to the use of the Product(s) rented on a personal basis by the Customer as a lessee, the rental contract includes a set of services whose nature and scope are described below.

• Delivery, installation, decommissioning of the Rented Product at the end of the contract.
• After-sales service: for failure of household appliances and electronic multimedia equipment understood as damage affecting its proper functioning and resulting from an internal phenomenon, the Customer must contact MOVE & RENT's Customer Service. The MOVE & RENT advisor will diagnose and confirm any failure. At MOVE & RENT's discretion, the Product shall be repaired or replaced by an identical Product if available or by a substitute Product with similar characteristics.

The Products are guaranteed under the after-sales service for a maximum period of twenty-four (24) months from their delivery to the Customer.

In the context of after-sales service, MOVE & RENT's obligation is limited to repairing or replacing defective Products as soon as possible. This obligation is however subject to the Customer having made a diligent and normal use of the Product(s) in conformity with the usage instructions. Our products have guaranteed after-sales service for a maximum period of twenty-four (24) months. Beyond twenty-four (24) months, (in the case of a rental agreement extension) in the event of a breakdown of the household electrical/electronic multimedia product or a defective rental product, repairs, spare parts or replacement of the products shall be the exclusive responsibility of the Customer.

In the event of a breakdown, the Customer is invited to contact MOVE & RENT's after-sales service either by telephone on (+31) 085 - 01 630 37 (price of a local call from fixed and mobile phones), from Monday to Friday, from 9am to 6pm (CET), or by email via the form in the Contact section of the website.

 

Article 14: Liability

14.1 The Customer is required to acquaint himself\herself with the appearance and technical specifications of the Product(s) before agreeing to the rental contract. Only these characteristics are essential and determinative for the acceptance of the rental agreement by the Customer. MOVE & RENT cannot be held liable in the event of any material error in the Product specifications and on the conditions of use\service.

The total or partial inability to use the Products due to the incompatibility of the equipment shall not give rise to any compensation whatsoever or refund or liability on the part of MOVE & RENT.

14.2 During the entire rental period, the Customer is responsible for the proper use of the Rented Products and for all damage caused by or to the Customer or a third party, as well as theft, loss, destruction and fire.

The Customer remains solely responsible for the offences and damages committed by him\her and bears the criminal, civil and fiscal consequences.

14.3 The Customer declares that he\she will respect all safety warnings, risks and precautions to be taken with regard to the use, operation and handling of the Products contained in the user manuals and other documentation accompanying the Products. He\she will therefore be held responsible for any misuse.

Furthermore, MOVE & RENT is not aware of the Customer's plans nor under the obligation to verify the Customer's choice as to the feasibility and compatibility of each Product for the use he\she intends to make of it, so cannot be held liable in this respect.

14.4 Without prejudice to full payment of the price for the entire rental period, the Customer undertakes to pay the costs of repairing or replacing the rented Product(s) in the event of damage to the Product(s), theft or non-return of the Product(s), except defects due to normal wear and tear of the Product(s). Repairs will be carried out by MOVE & RENT or any service provider mandated by it and will be entirely at the Customer's expense. If the repairs prove to be technically or economically impossible, or in the event of theft, loss, non-return of the Product(s), the Customer must compensate MOVE & RENT up to the replacement value of the Product(s) concerned.

The security deposit will cover in whole or in part the costs of repairing or replacing the damaged or non-returned Product (and accessories) and, where applicable, the return of the Product after the end date of the rental, without prejudice to any other remedy.

 

Article 15: Insurance

The Customer declares him\herself to be the holder of a civil liability and home insurance policy. He\she also undertakes to insure the Products, so that MOVE & RENT cannot be held liable for any loss, damage, theft or other damage that may occur, and so that, in the absence of restitution, MOVE & RENT may be compensated in the event of theft and loss of, or damage to the Products.

The Customer undertakes to provide insurance certificates upon request from MOVE & RENT.

 

Article 16: Evidence

The computerised registers, kept in the computer systems of MOVE & RENT and its partners will, subject to evidence to the contrary by the Customer, be considered as documents proving the exchanges, order\rental agreements and payments made between the Parties. Orders and invoices are stored on a reliable and durable medium in order to correspond to a faithful and durable copy in accordance with the provisions of the Civil Code.

 

Article 17: Intellectual property

The general structure, as well as the texts, photos, images composing this Site are the property of MOVE & RENT. Any reproduction, whether total or partial, and any representation of the substantial content of this site, of one or more of its components, by any process whatsoever, without the express authorisation of MOVE & RENT, is prohibited, and constitutes an infringement punishable pursuant to Article 31 of the Copyright Act.

The information, pictograms, photographs, images, texts, video sequences, animated with or without sound, and other documents on the website are protected by industrial and/or intellectual property rights, either because MOVE & RENT is the owner or because it is authorised to reproduce and represent them. As such, any reproduction, representation, adaptation, translation and/or modification, in whole or in part, or transfer to another site is prohibited.

Paper copies for private use of these various objects of rights are authorised and do not constitute an infringement of MOVE & RENT's rights under the Copyright Act. Their partial or complete reproduction, without the prior written consent of the author, is strictly prohibited.

Any violation of the above statements will expose the author to criminal proceedings for counterfeiting in accordance with Article 31, without prejudice to civil proceedings that may also be brought, in particular by other holders of rights over the documents.

 

Article 18: Notice of caution

MOVE & RENT undertakes to ensure the operation of the Site in order to allow optimal use under the conditions defined in these general conditions.

The Customer declares that he\she is aware of the unreliability of the Internet network and infrastructure, in particular:

• With regard to data transmission security,
• With the obligation to protect his\her computer(s) and network with regularly updated anti-virus software,
• With regard to performance not being guaranteed in terms of volume and speed of data transmission,
• With the fact that continuity of access to the service is not guaranteed.

The service may occasionally be suspended due to maintenance operations necessary for the proper functioning of the site.

MOVE & RENT shall not be held liable in the event of malfunction of the Site due to maintenance, technical problems, inability to access the Site and failures of the hosting server.

 

Article 19: Personal data

For any questions regarding the collection and processing of personal data, the Customer is invited to read MOVE & RENT's personal data privacy policy available at the following link Move&Rent Privacy Policy

Insofar as personal data is processed by MOVE & RENT in the course of carrying out the work, this personal data will be processed in a proper and careful manner in accordance with the General Data Protection Regulation and other privacy legislation.

MOVE & RENT may process the following personal data, among others: name, date of birth, email address, telephone number, bank details, social media data, account number etc), information related to the Customer's work and private life; information provided by the Customer when he contacts us to ask a question about the content of our Internet site or about our services or when he informs us about a problem on our Internet site or in written correspondence, the information provided by the Customer when he creates his account with regard to receiving data or services, whether or not through our Internet site or social media (such as Facebook, Linkedin, Viadeo, Twitter etc), the information related to his account on our Internet site, his navigation on our site and the sources the Customer consults.

MOVE & RENT may process personal data, among other things, but not exclusively, for the following purposes: to inform the Customer about our services and to deliver them to the Customer; to process the orders for our services (such as, among other things: storing the order, paying - in one or several times - by direct debit, communicating with the Customer about his orders, the discount codes and other loyalty programs, the delivery, the return of products, any disputes, etc); tracking the order of the services possibly with the intervention of customer service; solving problems that the Customer may encounter on our Internet site or with our services; adapting the Internet site to the Customer's previous visits or recommending to the Customer certain products; communicate with the Customer in various ways; inform the Customer about services that are closely related to those we can offer the Customer; realize administrative purposes and comply with legislation or legal decisions; establish and execute the contract, invoice and payment administration, ensure its quality and develop its services, market research, sales activities and direct marketing for services and/or products. 

MOVE & RENT may process personal data on the basis of the following grounds. 

Performance of an agreement. MOVE & RENT processes most personal data because it is necessary for the performance of the agreement MOVE & RENT cannot or cannot properly perform the agreement(s) without providing certain personal data necessary for the performance of this agreement. For example, a copy of the identity document is necessary to properly verify the identity of the Customer. The Customer is not obliged to provide us with personal data. However, if the Customer does not provide personal data or does not provide sufficient personal data, MOVE & RENT may not be able to perform the work for the Customer properly or at all.

Legal obligation. Personal data can also be processed if MOVE & RENT has a legal obligation to process and/or provide certain data of the Customer to third parties. 

Legitimate Interest. MOVE & RENT may use personal data to send invitations, news or other communications. MOVE & RENT also strives to organise its activities and services as qualitatively as possible. It may be necessary for data to be processed in order to enable MOVE & RENT to guarantee and improve its activities and service. MOVE & RENT will handle the processing of data on this basis with care and will ensure that it is not unnecessarily far-reaching, does not disproportionately harm the interests of the Customer and does not take an unnecessarily long time.

Obtained consent. Personal data may be processed on the basis of the Customer's consent. The latter may at any time refuse this consent and/or withdraw it after it has been issued. Withdrawing consent will not affect the processing that preceded it. Refusing consent may, under circumstances, result in MOVE & RENT being unable to execute the agreement with the Customer.

The personal data provided by the Customer shall be included in MOVE & RENT's customer administration. The processing operations of the aforementioned data shall be kept in an appropriate register as far as relevant. The data will not be used for other purposes or provided to third parties without prior notification to or, as far as required by the relevant legislation on personal data protection, consent of the Customer, unless expressly agreed otherwise in writing between MOVE & RENT and the Customer. 

Technical and organizational measures will be taken to protect the personal data against loss or any other form of unlawful processing, always taking into account the state of the technology and the nature of the processing.

MOVE & RENT will at all times handle the data provided to it with care. However, MOVE & RENT is not liable for any damage on the part of the clients resulting from insufficient security of, among other things, but not limited to, devices, networks, systems, software, cloud data, data registers and databases.

MOVE & RENT does not keep personal data longer than legally permitted or required for the purposes mentioned above. MOVE & RENT takes appropriate technical and organizational measures to protect personal data.

MOVE & RENT shall not be liable, subject to Article 82 GDPR, for data loss and/or a breach of security of, among others, but not limited to, devices, networks, systems, software, cloud data, data registers and databases and/or other processing systems for which MOVE & RENT is not responsible. The Customer shall indemnify MOVE & RENT in respect of all damage resulting from loss of data and/or infringement as described in the first sentence of this paragraph that is caused by an act, omission or risk that should be borne by the Customer. The customer shall indemnify MOVE & RENT against any claim by (a) third party (legal) entity(ies) that has suffered damage as a result of a loss of data and/or infringement as described in the first sentence of this paragraph.

 

 Article 20: Do Not Call List

To prevent unwanted telemarketing calls to consumers, the Hamon consumer law of 17 March 2014 created a Do Not Call list in the consumer code.

The consumer can register to this list for free: www.bloctel.gouv.fr.

MOVE & RENT, like any professional company, is prohibited from soliciting customers on this list, except for prior customers. The law prohibits the sale or rental of files containing the telephone data and contact details of consumers on the Do Not Call list.

 

Article 21: Applicable law - Jurisdiction

This agreement is governed by Dutch law.

All disputes to which the concluded Product rental transactions pursuant to these general rental terms and conditions may give rise, concerning their validity, interpretation, execution, termination, consequences and\or ramifications and which cannot be resolved between MOVE & RENT and the Client, shall be submitted to the competent courts under the conditions of ordinary law.

The Customer is informed that he\she may in any event resort to conventional mediation, by sending a letter to the FEVAD E-Commerce Mediator, 60 rue la Boétie, 75008 PARIS, FRANCE or by e-mail to mediateurduecommerce@fevad.com or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In the event that any of the provisions of these general rental conditions are deemed or declared, by court decision, illegal or unwritten, the other provisions of these general rental conditions shall remain in full force and effect.

  

Article 22: Right of withdrawal

The Customer has a right of withdrawal, within fourteen (14) clear days from the agreement of the rental contract, in other words upon the finalisation of the rental agreement on the Site, in accordance with Article 6:230o of the Civil Code.

If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.

The Customer notifies his\her intention to withdraw by means of an unambiguous declaration by e-mail to contact@moveandrent.nl or by registered letter with acknowledgement of receipt addressed to MOVE & RENT Customer Service, Hogehilweg 16, 1101 CD te Amsterdam, NEDERLAND, using, if he\he so wishes, the withdrawal form available on the site or under these general terms below. In the event of notification by email, MOVE & RENT will immediately send an acknowledgement of receipt of the withdrawal by email.

This right of withdrawal is exercised without penalty.

Within a maximum of fourteen (14) days from the receipt of his\her decision to withdraw, the Customer will be reimbursed for any sum(s) paid. Reimbursement, at no additional charge, will be made using the same method of payment as the Customer used for the original transaction, unless the Customer agrees to a different method.

The right of withdrawal is excluded for services fully performed before the end of the withdrawal period and whose execution has begun with your agreement or at your express request.

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of MOVE & RENT Customer Service, Hogehilweg 16, 1101 CD te Amsterdam, NEDERLAND.

E-mail: xxxxxxxxxxx

I/we (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the rental of the good(s) (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):...............................................

Customer name(s):.................................................

Customer(s) address:..............................................

Customer Signature(s) (only if this form is submitted on paper): ............................................

Date :..............................

(*) Delete as appropriate