General Terms and Conditions for Rental Products
Article 1: DEFINITIONS
- Louve kids: Louve kids, established in Lierop, Chamber of Commerce no.
- Customer: the party which Louve kids has entered into an agreement with.
- Parties: Louve kids and customer together.
- Consumer: a customer who is an individual acting for private purposes.
- Rented Property: the rented product or products.
- Renting Agreement: the agreement between Louve Kids and the customer for the use of Rented Property by the customer as well as any other agreement between Louve Kids and the customer.
- End date: the date on which the Renting Agreement ends.
Article 2: APPLICABILITY
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Louve kids.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The Parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Article 3: RENTING AGREEMENT
- The Renting Agreement is concluded after the Customer has completed the ordering procedure via the website of Louve Kids.
- The Customer will have access to the Rented Property for the duration of the Agreement.
Article 4: OBLIGATIONS OF THE CUSTOMER
- The Customer is obliged to cooperate with Louve kids and to provide all relevant information in a timely manner that is or may be necessary for the execution of the Agreement.
- The Customer is responsible for the correctness, completeness and reliability of the data provided to Louve kids, even if that data is supplied to Louve kids via a third party. Louve kids may in all cases legitimately rely on this information provided.
- The Rented Property is intended for personal use, ie for use by the persons belonging to the Customers household. It is therefore not permitted to pass on the Rented Property to anyone or allow it to be used by anyone other than the persons referred to above.
- After the term of the Agreement, the Customer is obliged to return the Rented Property to Louve kids in its original condition.
ARTICLE 5 - FAILURE TO FULFILL OBLIGATIONS
Louve kids is entitled to terminate the Agreement in whole or in part with immediate effect by means of a written notice to the Customer, if:
- The Customer is in default with the fulfillment of its obligations under the Agreement;
- The Customer applies for a suspension of payments or is granted a suspension of payments;
- The Customer is filed for bankruptcy or is declared bankrupt;
- The Customer is placed under guardianship or the debt rescheduling scheme for natural persons becomes applicable to him;
- The Customer uses the Rented Property in violation of the provisions of these General Terms and Conditions;
- The Rented Property is seized at the expense of the Customer;
- The Customer, in the opinion of Louve kids, misuses the Rented Property or the services of Louve kids; or
- The Customer intentionally provided incorrect information to Louve kids.
Article 6: PRICES
- All prices used by Louve kids are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Louve kids is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which Louve kids could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
- During the term of the Agreement, the price of the Rented Property will not be changed, except for price changes as a result of changes in the VAT rate and other government levies.
- The Consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Article 7: PAYMENTS AND PAYMENT TERMS
- For payment, the Customer can only use the payment options offered by Louve Kids.
- Agreements to rent products from Louve Kids are payed by direct debit.
- If direct debit is used, the Customer is obliged to authorize direct debit for the periodic costs arising from the Agreement and all other costs owed when concluding the Agreement.
- In the event of late payment, the Customer will be in default by operation of law and will owe statutory interest from the invoice date (pursuant to Section 6:119 of the Dutch Civil Code).
- In the event of buying a product after a Renting Agreement, Louve Kids will charge the Customer 50% of the original selling price.
- Louve kids reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Article 8: RIGHT OF RECOVERY OF GOODS
- As soon as the customer is in default, Louve kids is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- Louve kids invokes the right of recovery by means of a written or electronic announcement.
- As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Louve kids, unless the parties agree to make other arrangements about this.
- The costs for the collection or return of the products are at the expense of the customer.
Article 9: RETENTION OF TITLE
- Louve kids remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Louve kids under whatever agreement with Louve kids including of claims regarding the shortcomings in the performance.
- Until then, Louve kids can invoke its retention of title and take back the goods.
- Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Louve kids invokes its retention of title, the agreement will be dissolved and Louve kids has the right to claim compensation, lost profits and interest.
Article 10: DELIVERY
- Delivery takes place while stocks last.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed price is not paid on time, Louve kids has the right to suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Louve kids.
- Any delivery period specified by Louve kids is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Louve kids.
- Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Louve kids cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.
Article 11: REPORTING DEFECTS AND DAMAGE AFTER RECEIPT
- Louve kids delivers the Rented Property clean, well maintained and, insofar as is known or should be, in a good technical condition.
- At the time of delivery of the Rented Property, the Customer will receive an overview of any damage to the Rented Property with which Louve kids is known.
- The Customer must inspect the Rented Property immediately after delivery and ascertain whether the Rented Property complies with the Agreement and the overview as referred to in the second paragraph of this Article . Complaints from the Customer with regard to the Rented Property must be reported by E-mail within eight days of the date on which the Rented Property is received. If the complaint does not reach Louve kids within this term, it is deemed that the Rented Property complies with the Agreement and the overview as referred to in the second paragraph of this article 9.
- The Customer must describe the complaint clearly and accurately.
- The Customer can also submit other complaints by E-mail.
- If the complaint cannot be resolved, the Custimer has the right to submit the complaint to the European Union's online dispute resolution platform at http://ec.europa.eu/odr.
- If Louve kids is of the opinion that a complaint is justified, it has the option to replace the Rented Property free of charge or, if replacement is not possible, to offer the Customer compensation of a maximum of the monthly amount paid by the Customer in connection with the Rented Property and to take back the Rented Property.
Article 12: DAMAGE AND LIMITATION PERIOD
- The Customer is obliged to report damage to Louve kids by e-mail as soon as possible, but at the latest within two days after the damage has arisen or became known. The Customer must attach a photo of the damage to the e-mail.
- In the event of damage and wear and tear to the Rented Property other than that to be expected through normal use, the Customer will forfeit a fine of 15% of the new value of the Rented Property, or, if 15% is unreasonable, a reasonable percentage of the new value of the Item.
Article 13: EXPIRY PERIOD
Every right of the customer to compensation from Louve kids shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
Article 14: LIABILITY
- Louve kids is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
- If Louve kids is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
- Louve kids is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
- If Louve kids is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Article 15: FORCE MAJEURE
- In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Louve kids in the fulfillment of any obligation to the customer cannot be attributed to Louve kids in any situation independent of the will of Louve kids, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Louve kids.
- The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which Louve kids cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Louve kids can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Louve kids does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Article 16: THEFT OR MISSING PERSONS
- In the event of loss or theft of the Rented Property, the Customer is obliged to report this to Louve kids by e-mail within 24 hours and to file a report.
- In the event of loss or theft, the Customer owes an excess of 30% of the new value of the Rented Property.
Article 17: OWNERSHIP AND TRANSFER
- The Rented Property remains the property of Louve kids at all times.
- The Customer cannot transfer its rights deferring from an agreement with Louve kids to third parties without the prior written consent of Louve kids.
- The Customer is not permitted to change the Rented Property in any way.
Article 18: TERM AND END OF AGREEMENT
- The Rented Property is rented for a minimum period, as indicated on the website, unless expressly agreed otherwise. After the expiry of that minimum period, or if there is a deviation therefrom, after expiry of the agreed period, the rental period of the Rented Property is tacitly extended by the duration of the minimum period or the agreed period, respectively.
- The Customer may terminate the Agreement at any time, subject to a notice period of 1 week. The Customer must terminate the Agreement by E-mail.
- At the latest on the end date of the Agreement, the Rented Property must be (i) presented for shipment at a postal company. The Customer bears the shipping costs for returning the Rented Property. If the Rented Property is not received by Louve kids on time or is not presented for shipment on time, the rental period will be extended by the minimum renting period again.
- In the event of termination of the Agreement during a period for which the Customer has already paid, Louve kids will refund the amount already paid for that period, less the value attributed to the period that the Customer has had the Rented Property during that month.
Article 19: CHANGES IN THE TERMS & CONDITIONS
- Louve kids is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed by Louve kids with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Article 20: INTELLECTUAL PROPERTY
- This website and all its sub domains are intellectual property of Louve Kids. Nothing may be copied or used without permission of Louve Kids.
- This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Article 21: CONSEQUENCES OF NULLITY OR ANNULLABILITY
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Louve kids had in mind when drafting the conditions on that issue.
Article 22: APLICABLE LAW AND COMPETENT COURT
- Dutch law is exclusively applicable to all agreements between the parties.
- The Dutch court in the district where Louve kids is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Questions about the Terms and Conditions should be sent to us at info@louvekids.com
Winkelstraat 11
5715PN Lierop
The Netherlands
KVK: 85650846
BTW: NL004125184B70
General Terms and Conditions for Buying Products
Article 1: DEFINITIONS
- Louve kids: Louve kids, established in Lierop, Chamber of Commerce no.
- Customer: the party which Louve kids has entered into an agreement with.
- Parties: Louve kids and customer together.
- Consumer: a customer who is an individual acting for private purposes.
Article 2: APPLICABILITY
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Louve kids.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The Parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Article 3: PRICES
- All prices used by Louve kids are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Louve kids is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which Louve kids could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
- The Consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Article 4: PAYMENTS AND PAYMENT TERMS
- For payment, the Customer can only use the payment options offered by Louve Kids.
- In the event of late payment, the Customer will be in default by operation of law and will owe statutory interest from the invoice date (pursuant to Section 6:119 of the Dutch Civil Code).
- In the event of buying a product after a Renting Agreement, Louve Kids will charge the Customer 50% of the original selling price.
- Louve kids reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Article 5: RIGHT OF RECOVERY OF GOODS
- As soon as the customer is in default, Louve kids is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- Louve kids invokes the right of recovery by means of a written or electronic announcement.
- As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Louve kids, unless the parties agree to make other arrangements about this.
- The costs for the collection or return of the products are at the expense of the customer.
Article 6: RETENTION OF TITLE
- Louve kids remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Louve kids under whatever agreement with Louve kids including of claims regarding the shortcomings in the performance.
- Until then, Louve kids can invoke its retention of title and take back the goods.
- Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Louve kids invokes its retention of title, the agreement will be dissolved and Louve kids has the right to claim compensation, lost profits and interest.
Article 7: DELIVERY
- Delivery takes place while stocks last.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed price is not paid on time, Louve kids has the right to suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Louve kids.
- Any delivery period specified by Louve kids is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Louve kids.
- Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Louve kids cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.
Article 8: GIVING NOTICE
- The customer must provide any notice of default to Louve kids in writing.
- It is the responsibility of the customer that a notice of default actually reaches Louve kids (in time).
Article 9: EXPIRY PERIOD
Every right of the customer to compensation from Louve kids shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
Article 10: LIABILITY
- Louve kids is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
- If Louve kids is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
- Louve kids is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
- If Louve kids is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Article 11: FORCE MAJEURE
- In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Louve kids in the fulfillment of any obligation to the customer cannot be attributed to Louve kids in any situation independent of the will of Louve kids, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Louve kids.
- The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which Louve kids cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Louve kids can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Louve kids does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Article 12: CHANGES IN THE TERMS & CONDITIONS
- Louve kids is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed by Louve kids with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Article 13: INTELLECTUAL PROPERTY
- This website and all its sub domains are intellectual property of Louve Kids. Nothing may be copied or used without permission of Louve Kids.
- This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Article 14: CONSEQUENCES OF NULLITY OR ANNULLABILITY
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Louve kids had in mind when drafting the conditions on that issue.
Article 15: APLICABLE LAW AND COMPETENT COURT
- Dutch law is exclusively applicable to all agreements between the parties.
- The Dutch court in the district where Louve kids is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Questions about the Terms and Conditions should be sent to us at info@louvekids.com
Winkelstraat 11
5715PN Lierop
The Netherlands
KVK: 85650846
BTW: NL004125184B70