General terms and conditions
Article 1 – Definitions
In these general terms and conditions, the following terms shall have the following meanings:
- DELRECO: defined in article 2 of these general terms and conditions;
- Consumer: a natural person who does not act in the exercise of a profession or business and enters into an agreement with DELRECO
- Agreement: any agreement between DELRECO and Consumer for the provision of services by DELRECO to Consumer;
- Parties: Consumer and DELRECO together;
- In Writing: by email, by post or by Whatsapp;
- Third Party(ies): Not being a Party to the Agreement;
- Services: Rental, delivery, repair, and collection of furniture.
Article 2 – Identity of DELRECO
Company name: DELRECO
Street name and number: Ridderstraat 3B
Postcode and place of business: 6511 TM Nijmegen
Phone number: +31 6 36405426
Chamber of Commerce number: 83283285
Article 3 – General Provisions
- These general terms and conditions apply to all offers and all (legal) acts of DELRECO and to any contract concluded between DELRECO and Consumer.
- If the Agreement is concluded electronically, in derogation from the preceding paragraph and before the Agreement is concluded, the text of these general conditions may be made available to the Consumer by electronic means in such a way that it can be easily stored by the Consumer on a durable data carrier. If this is not reasonably possible, it shall be stated before the Agreement is concluded where the General Terms and Conditions can be viewed electronically and that, at the Consumer’s request, they will be sent electronically or otherwise free of charge.
- Unless expressly agreed otherwise in writing, the applicability of other general terms and conditions is excluded.
- Deviations from or additions to these general terms and conditions shall only be valid if they have been expressly agreed in writing.
- If and insofar as any provision of these general terms and conditions cannot be invoked on the grounds of reasonableness and fairness or its unreasonably onerous nature, the provision in question shall in any event be accorded a meaning corresponding as closely as possible to its contents and tenor so that it can be invoked.
- DELRECO shall be entitled to engage the services of third parties for the performance of the Agreement.
- The effect of article 7:404 and/or 7:407 paragraph 2 of the Dutch Civil Code is/are excluded.
Article 4 – The offer
- If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated in the offer.
- The offer contains a description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer. Given DELRECO’s business operations, it is possible that the Consumer will receive a similar product. DELRECO is not bound by obvious errors or mistakes concerning, for example, the amounts indicated.
Article 5 – The Agreement
- The Agreement is concluded at the moment the Consumer accepts the offer and fulfils the conditions set for it.
- The Agreement qualifies as an Agreement of hire insofar as it concerns the hire and rental of the furniture.
- The Agreement qualifies as an Agreement for the Provision of Services within the meaning of Section 7:400 ff. of the Dutch Civil Code to the extent that it relates to the delivery, repair and collection of furniture.
- The principal is Consumer, the contractor is DELRECO.
- Consumer and DELRECO will conduct themselves as good principals and good contractors in accordance with the regulations of Title 1, Section 1 of the Civil Code 7.
- DELRECO reserves the right not to execute a concluded agreement, for instance if it has reasonable doubt or information that Consumer will not or cannot fulfil its (financial) obligations. If DELRECO refuses to do so, it shall inform the Consumer of its refusal in writing within a reasonable period after the conclusion of the Agreement.
- These general terms and conditions are also applicable to future, additional and/or follow-up instructions.
- If the Consumer has accepted the offer electronically, DELRECO shall immediately confirm receipt of acceptance of the offer electronically.
Article 6 – Hire/rental furniture
- The use of furniture made available by DELRECO shall be on a rental basis.
- The furniture shall be delivered, repaired, connected, moved, altered and collected exclusively by DELRECO, unless the Parties agree otherwise.
- Consumer shall use the furniture properly and only in accordance with the purpose given to it by Parties.
- Consumer is not allowed to make the furniture available to third parties, unless Parties agree otherwise.
- In all cases beyond normal wear and tear, including but not limited to incorrect or careless actions, insufficient maintenance, fire, explosion or fault of the Consumer or third parties, the repair costs shall be for the account of the Consumer. DELRECO shall have sole discretion in determining what falls outside normal wear and tear.
- Consumer is obliged to take measures to prevent damage to the furniture. Consumer is obliged to notify DELRECO of any damage within 72 hours. The furniture shall be deemed to have been received by the consumer in good condition if no written complaint has been made to DELRECO within 48 hours.
- At the moment the agreement expires, Consumer is obliged to place the furniture at DELRECO’s disposal. The furniture must be clean and free. For each day that the Consumer fails to do so, he shall be liable to a penalty of €30,-, with a maximum of €150,- per piece of furniture. If the Consumer makes the furniture available earlier, this does not result in a refund.
- The loss of or damage to furniture is at the risk of the Consumer at the moment of taking possession of the furniture. The risk of loss or damage to the furniture shall also be borne by the Consumer at the time when the furniture is in the possession of a Third Party.
Article 7 – Duration and termination of the Agreement
- An Agreement can be concluded for an indefinite period of time or for a definite period of time. A subscription for a definite period of time has a validity of at least 5 (five) months.
- The Fixed Term Agreement shall end by operation of law.
- Termination of an Agreement for an indefinite period of time must take place, subject to a notice period of 1 (one) month, by the end of the month. In the event of a fixed-term subscription with a minimum of 5 (five) months, termination cannot take place prematurely.
- The Consumer must terminate the Agreement in writing.
- DELRECO may terminate the Agreement with immediate effect and prematurely if:
- The Consumer breaches provisions of the general terms and conditions, the Agreement or other regulations, unless the breach does not justify premature termination or;
- The Consumer has acted unlawfully towards DELRECO.
- If the Agreement is terminated prematurely, DELRECO shall be entitled to repayment of any sums
already paid by the Consumer under the Agreement.
- If it is unreasonable for DELRECO not to receive payment for the duration of the full Agreement, the right contained in paragraph 6 of this article shall not apply. The right referred to in paragraph 6 of this article does not apply if the Agreement has been terminated on any of the grounds referred to in paragraph 5 of this article.
Article 8 – Liability
- DELRECO’s total liability is limited to compensation for damage up to the amount of the fee (excluding VAT) stipulated for this Agreement. In no case shall the total compensation for damage exceed the amount to be paid out by DELRECO’s liability insurance.
- If the Agreement is a continuing performance contract with a duration of more than six months, the fee stipulated for this Agreement shall be set at the total of the fees (exclusive of VAT) for the last six months prior to the event causing the damage.
- DELRECO’s liability shall not be limited to damage resulting from intentional or wilful recklessness on the part of DELRECO.
- A condition for the creation of any right to compensation is always that the consumer reports the damage in writing to DELRECO as soon as possible after its creation. Any claim for damages against DELRECO shall be extinguished by the mere lapse of 12 (twelve) months after the claim arose.
- DELRECO is not liable for damage caused by auxiliaries as referred to in article 6:76 of the Dutch Civil Code.
- DELRECO is not liable for damage of any kind arising from the use by DELRECO of inaccurate or incomplete data supplied by the Consumer.
Article 9 – Force majeure
- Notwithstanding the provisions of article 6:75 of the Dutch Civil Code, DELRECO cannot be held liable for a failure in the fulfilment of its obligations to Consumer in the event of a circumstance beyond its control which wholly or partially prevents DELRECO from fulfilling its obligations to Consumer or as a result of which DELRECO cannot reasonably be required to fulfil its obligations. Such circumstances include failure of suppliers or other Third Parties, power cuts, computer viruses, extreme weather conditions, fire or danger of fire, threat of war, pandemics, epidemics, quarantines, absenteeism, incapacity for work, strikes, government measures and breakdown of bicycles and equipment used for transport or assembly of the products.
- If a situation arises as referred to in paragraph 1 of this article as a result of which DELRECO is unable to fulfil its obligations to the Consumer, these obligations shall be suspended for as long as DELRECO is unable to fulfil its obligations. If the situation referred to in the preceding sentence has lasted for 30 (thirty) calendar days, both Parties shall be entitled to rescind the Agreement in whole or in part in writing. DELRECO shall not be obliged in this case to pay compensation for any damage, even if DELRECO benefits from any advantage as a result of the force majeure situation.
Article 10 – Prices
- All amounts are in euros and include turnover tax and other government levies, unless agreed otherwise.
- DELRECO reserves the right to make an inflation adjustment once a year.
- The amounts agreed are based on factors determining cost prices at the time of the offer. DELRECO reserves the right to pass on to the consumer any changes in cost price factors over which DELRECO has no reasonable control, such as increases in excise duty, social security charges, insurance payments or turnover tax, up to a maximum of 20% of the original amount.
- A composite quotation shall not oblige DELRECO to carry out part of the order for a proportionate amount.
- Discounts and amounts quoted do not apply automatically to future contracts.
Article 11 – Payment and billing
- Unless otherwise stipulated in the Agreement or additional terms and conditions, the amounts owed
by the Consumer must be paid within 30 (thirty) days after the invoice date.
- Consumer has the obligation to immediately notify DELRECO of any inaccuracies in payment data provided or stated.
- If Consumer does not timely comply with its payment obligation(s), DELRECO shall notify Consumer of the late payment and allow 14 (fourteen) days for the Consumer to comply with its payment obligations. If payment is not made within this 14-day period, the Consumer shall be in default and shall owe statutory (commercial) interest on the outstanding amount. DELRECO shall furthermore be entitled to charge extrajudicial collection costs incurred by it.
- In the event of (a reasonable prospect of) bankruptcy, liquidation or suspension of payments or debt rescheduling under the WSNP, DELRECO’s claims on the Consumer and the Consumer’s obligations towards DELRECO will be immediately due and payable.
- Payments made by Consumer shall first be applied to settle all interest and costs due, and secondly to settle due and payable invoices that have been outstanding the longest, even if Consumer states that the payment relates to a later invoice.
Article 12 – Delivery
- The place of delivery shall be the address which the Consumer has communicated to DELRECO.
- The risk of damage and/or loss of products rests with DELRECO until the moment of delivery and placement with the Consumer or a representative designated in advance and made known to DELRECO, unless otherwise expressly agreed.
- All delivery periods are indicative. The Consumer may not derive any rights from any time periods mentioned. Exceeding a term does not entitle Consumer to damages.
Article 13 – Complaints procedure
- Consumer may no longer invoke a defect in the performance if he has not lodged a complaint with DELRECO within 72 (seventy-two) hours of discovering the defect or if he should reasonably have discovered it.
- Consumer must give DELRECO at least 2 (two) weeks in which to resolve the complaint in mutual consultation.
- If a complaint has not been reported to DELRECO within the periods stated in the preceding paragraphs, the product shall be deemed to conform to the Agreement and to function in accordance with the Agreement.
Article 14 – Transfer
- Rights of a Party under this Agreement may not be assigned without the prior consent of the other Party in writing. This provision shall be deemed to be a clause having effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.
Article 15 – Managing services
- DELRECO is at all times entitled to make changes to the technical facilities with respect to the services.
- Consumer will act and behave in accordance with what may be expected from a responsible and careful user of the service(s).
- Consumer is always responsible for any use – including unauthorized use – that is made of the user rights and access rights granted to him and will act and behave in accordance with what may be expected from a responsible and careful Internet user.
- Consumer shall at all times comply with the instructions given by DELRECO for the use of the service(s).
- DELRECO is entitled to alter the non-technical facilities of its services. Consumers may not claim any compensation or damages, but have the right to terminate the agreement from the day of the announced change.
- DELRECO is entitled without prior notice to (temporarily) suspend its services or restrict their use to the extent necessary to carry out reasonably required maintenance or to make necessary alterations or improvements to the services without giving rise to any right of damage or compensation on the part of DELRECO to the Consumer.
Article 16 – Confidentiality
- Consumer is obliged to keep confidential all confidential information obtained from DELRECO within the framework of the Contract. Information is confidential if DELRECO has communicated this or if this reasonably follows from the nature of the information.
- If Consumer breaches paragraph 1 of this provision, whether or not the breach can be attributed to Consumer and without prior notice of default or judicial proceedings, Consumer shall owe DELRECO an immediately payable penalty of 150.- (one hundred and fifty) euros for each breach without the need for any form of damage without prejudice to DELRECO’s other rights, including its right to claim damages in addition to the penalty.
Article 17 – Applicable law
- Contracts between DELRECO and Consumer to which these general conditions apply are governed exclusively by Dutch law.
- Disputes between the Parties shall be resolved as far as possible by means of proper consultation. All disputes between Consumer and DELRECO shall be exclusively decided by the competent court in the district where DELRECO has its seat.
Article 18 – Survival
- The provisions of the general terms and conditions and the Agreement which are intended to remain in force after termination of the Agreement, including but not limited to article 16 (Confidentiality), article 17 (Applicable law), article 8 (Liability) and this provision (Survival), will remain in full force after termination of the Agreement.
Article 19 – Amendments and additions
- DELRECO is entitled to modify or supplement these general conditions unilaterally. In this case DELRECO shall inform Consumer of the amendments or additions in a timely manner.
- There shall be a minimum of 30 (thirty) days between this notification and the entry into force of the amended or supplemented conditions.
- If the amendment gives DELRECO the authority to provide a performance that differs substantially from the promised performance, the Consumer has the right to refuse the amended conditions or to dissolve the Agreement.