Terms and Conditions

ARTICLE 1 – DEFINITIONS

In these general terms and conditions, the following terms are defined as follows:

General Terms and Conditions: these general terms and conditions; Tiny Library: Tiny Library BV, located at Nijverheidslaan 9, 1382 LE in Weesp, registered with the Chamber of Commerce under number 77389212 and VAT number NL860994776B01 or an affiliated company;

End Date: the date on which the Agreement ends as set out in Article 15;

Email: klantenservice@tinylibrary.nl;

Leased Item: the leased product or products;

Lessee: any natural person or legal entity entering into an Agreement;

Agreement: the agreement between Tiny Library and Lessee for the use of the Leased Item by Lessee, as well as any other agreement between Tiny Library and Lessee;

Producer: the producer as referred to in Article 6:187 of the Dutch Civil Code; and

Website: www.tinylibrary.nl.

ARTICLE 2 – APPLICABILITY

These General Terms and Conditions apply to all offers and quotations from Tiny Library and to the Agreement.
Tiny Library is entitled to change or supplement the General Terms and Conditions and will inform the Lessee of this in writing. In that case, the Lessee is entitled to terminate the Agreement.
The general terms and conditions of the Lessee are expressly excluded from applicability.

ARTICLE 3 – OFFER AND FORMATION

Quotations and price proposals are without obligation and can be canceled or changed at any time.
The Agreement is concluded after the Lessee has completed the ordering process via the Website.
Tiny Library reserves the right, at all times, in addition to the aforementioned points, to dissolve the agreement without stating reasons within 14 days of receipt of the order.

ARTICLE 4 – AGREEMENT

The Lessee shall have possession of the Leased Item for the duration of the Agreement.
The Terms of Use apply and can be downloaded by the Lessee on the order page of each specific product on the Website.

ARTICLE 5 – OBLIGATIONS OF THE LESSEE

The Lessee is obliged to cooperate with Tiny Library and to timely provide all relevant data that are or may be necessary for the execution of the Agreement.
The Lessee is solely responsible for the accuracy, completeness, and reliability of the data provided to Tiny Library, even if such data is provided to Tiny Library via a third party. Tiny Library may in all cases justifiably rely on this provided information.
The Leased Item is intended for personal use, meaning for use by persons belonging to the Lessee's household. It is therefore not permitted to pass on the Leased Item to anyone or to allow anyone other than the aforementioned persons to use it.
The Lessee must handle the Leased Item as a good lessee would. They must use the Leased Item in accordance with its intended purpose and the Terms of Use.
After the term of the Agreement, the Lessee is obliged to return the Leased Item to Tiny Library in its original condition.

ARTICLE 6 - FAILURE TO COMPLY WITH OBLIGATIONS

Tiny Library is entitled to terminate the Agreement, in whole or in part, with immediate effect by written notice to the Lessee, if:

The Lessee is in default of fulfilling its obligations under the Agreement;
The Lessee applies for a suspension of payments or is granted a suspension of payments;
The Lessee's bankruptcy is petitioned, or the Lessee is declared bankrupt;
The Lessee is placed under guardianship or the debt rescheduling scheme for natural persons becomes applicable to them;
The Lessee uses the Leased Item in violation of the provisions of these General Terms and Conditions or the Terms of Use;
The Leased Item is seized from the Lessee;
In Tiny Library's opinion, the Lessee misuses the Leased Item or Tiny Library's services; or
The Lessee intentionally provides incorrect information to Tiny Library.

In all the above cases, the Lessee is obliged to return the leased products to Tiny Library by the effective date.

ARTICLE 7 - PRICES AND PAYMENT

If Tiny Library sends an invoice, it must be paid within seven days of the invoice date.
The agreed prices include VAT and other government levies.
The prices stated on the Website do not include shipping costs. The Lessee bears the shipping costs. The amount of the shipping costs will be made known to the Lessee on the Website before the Lessee can confirm their order. For an initial order of more than EUR 100, Tiny Library bears the shipping costs.
The Lessee owes a deposit in the cases indicated on the Website. The deposit will be charged to the Lessee on the first invoice or by the first debit through direct debit. Tiny Library is authorized to withhold (part of) the deposit if there is a circumstance mentioned in articles 10 and 13 of the General Terms and Conditions, equivalent to the percentages mentioned in those articles. If the Lessee does not return the Leased Item by the End Date in a manner as referred to in article 15 paragraph 3 of these General Terms and Conditions, Tiny Library is authorized to withhold the entire deposit. The Lessee will receive (the remaining part of) their deposit back within one month after the end of the Agreement.
During the term of the Agreement, the price of the Leased Item will not change, except for price changes due to changes in the VAT rate and other government levies.
For payment, the Lessee may only use the payment options offered by Tiny Library on the Website.
In case of direct debit, the Lessee is obliged to authorize direct debit for the monthly costs arising from the Agreement and all other due costs when concluding the Agreement.
In case of late payment, the Lessee will be in default by operation of law and will owe statutory interest from the invoice date (pursuant to Article 6:119 of the Dutch Civil Code).

ARTICLE 8 – DELIVERY OF THE LEASED ITEM AND OWN RISK

Tiny Library (i) will send the Leased Item to (ii) or deliver the Leased Item to the address specified by the Lessee. The Lessee can also pick up the Leased Item at an address to be specified by Tiny Library.
Tiny Library may make partial deliveries and send partial invoices in connection therewith.
The specified or agreed delivery terms and times are not strict deadlines.
Tiny Library will perform what has been agreed to the best of its ability, taking into account the legitimate interests of the Lessee. Tiny Library does not guarantee the achievement of any intended result.
If Tiny Library cannot deliver the Leased Item within thirty days, Tiny Library will inform the Lessee by email.
If, for whatever reason, the Lessee fails to accept the (timely) delivery of the Leased Item, all costs incurred by Tiny Library in connection with the offer as well as the additional costs of transport, storage, and warehousing, shall be borne by the Lessee.
At the moment the Leased Item is delivered, the risk thereof transfers to the Lessee.

ARTICLE 9 – REPORTING DEFECTS AND DAMAGE AFTER RECEIPT

Tiny Library delivers the Leased Item clean, well-maintained, and, as far as is or should be known, in technically good condition.
The Lessee must check the Leased Item immediately after delivery and ensure that the Leased Item complies with the Agreement and the overview as referred to in the second paragraph of this Article 9. Complaints from the Lessee regarding the Leased Item must be reported by email within eight days after the date on which the Leased Item was received. If the complaint does not reach Tiny Library within this period, it is assumed that the Leased Item complies with the Agreement and the overview as referred to in the second paragraph of this Article 9.
The Lessee must describe the complaint clearly and accurately.
The Lessee can also submit other complaints by email.
If the complaint cannot be resolved, the Lessee has the right to submit the complaint to the European Union's online dispute resolution platform at http://ec.europa.eu/odr.
If Tiny Library believes a complaint is justified, it has the option to replace the Leased Item free of charge or, if replacement is not possible, to offer the Lessee compensation of a maximum of the monthly amount paid by the Lessee for the Leased Item and to take back the Leased Item.

ARTICLE 10 – DAMAGE AND LIMITATION PERIOD

The Lessee is obliged to report damage to Tiny Library by email as soon as possible, but no later than two days after the damage occurred or became known. The Lessee must attach a photo of the damage to the email.
If there is damage and wear and tear to the Leased Item other than what is to be expected from normal use, the Lessee forfeits a penalty of 50% of the new value of the Leased Item, or, if 50% is unreasonable, a reasonable percentage of the new value of the Leased Item.
All legal claims of the Lessee against Tiny Library arising from damage attributable to Tiny Library will lapse after one year, calculated from the date on which the relevant claim became due by the damage-causing event.

ARTICLE 11 – LIABILITY

Each party is liable for damages suffered by the other party in connection with this agreement, insofar as that party is liable for such damages under applicable law.
When the Lessee takes the Leased Item into use, this is considered proof that it functions properly and has no defects.
In case of doubt by the Lessee regarding the safety of the Leased Item, immediate contact should be made with Tiny Library customer service: klantenservice@tinylibrary.nl
The use of the Leased Item by the Lessee is entirely at the Lessee's own risk.
Tiny Library is not liable for any (personal injury) damage suffered by the Lessee as a result of the use of the Leased Item, unless there is intent or gross negligence on the part of Tiny Library.
Tiny Library's liability for damages incurred by the Lessee during the performance of the Agreement or otherwise due to Tiny Library's actions is limited to compensation for direct damage up to a maximum of the amount that would be paid under Tiny Library's relevant insurance policy. Direct damage is understood to mean only material damage to property and/or persons, reasonable costs incurred to prevent or limit direct damage, and reasonable costs incurred to determine the cause of the damage, liability, direct damage, and the method of repair.
The Lessee is responsible for timely reporting any defects and/or damage to the Leased Item.
The Lessee indemnifies Tiny Library against claims from third parties, including government agencies, for recovery of damage suffered and/or to be suffered as a result of shortcomings in the delivered Leased Item, including defective safety thereof within the meaning of product liability regulations, and for recovery of damage, including fines, as a result of any act or omission of the Lessee in the performance of the Agreement.
The Lessee indemnifies Tiny Library against all claims from third parties, in the event that damage is caused to third parties and/or third-party materials due to blameworthy conduct of the Lessee.
If, in the performance of the Agreement, the Lessee causes damage to the Leased Item through their blameworthy conduct, Tiny Library is entitled to hold the Lessee liable for the damage.
The Lessee undertakes to grant Tiny Library access to the Leased Item at all times, to reject third-party claims on the Leased Item, and to indemnify Tiny Library against such claims. Subletting and making it available to third parties is not permitted, subject to the forfeiture of insurance coverage and a penalty to be determined by Tiny Library, but with a maximum amount of € 2,000 (two thousand EUROS). The Lessee is obliged to use the Leased Item correctly and only in accordance with the provisions of this Agreement. In particular, the Lessee is obliged, under penalty of a fine to be determined by Tiny Library, but with a maximum of € 2,000 (two thousand EUROS), to:

use the Leased Item in accordance with the safety and operating instructions supplied with the Product, or available on the Website;
use the Leased Item only for the purposes for which it is intended;
reject third-party claims on the Leased Item and indemnify Tiny Library against such claims;
not make any changes to the Leased Item;
ensure that the Leased Item is not accessible to unauthorized persons;
return the Leased Item to Tiny Library clean and in good condition after the rental period;
reimburse all charges, taxes, and fines arising from the use of the Leased Item by the Lessee or third parties.

In the cases mentioned in Section 3 of Title 3 of Book 6, the Producer is also liable for damages suffered.

ARTICLE 12 – FORCE MAJEURE

In the event of force majeure (as defined in Article 6:75 of the Dutch Civil Code) on the part of one of the parties, the performance of the Agreement shall be wholly or partially suspended, without either party being liable to compensate the other party.
If Tiny Library knows or suspects that the Rented Item cannot be delivered (partially) on time due to force majeure, Tiny Library shall inform the Renter thereof by e-mail as soon as possible.
If it can reasonably be expected that the force majeure situation will last longer than three months, or has already lasted more than three months, the other party may dissolve the Agreement with immediate effect and extrajudicially by registered letter, without such dissolution entitling them to any compensation.

ARTICLE 13 – THEFT OR LOSS

In the event of loss or theft of the Rented Item, the Renter is obliged to report this to Tiny Library by e-mail within 24 hours and to file a report with the police.
In the event of loss or theft, the Renter owes a deductible of 80% of the new value of the Rented Item.

ARTICLE 14 – OWNERSHIP AND TRANSFER

The Rented Item remains the property of Tiny Library at all times.
The Renter is not permitted to establish or grant any (security) right on the Rented Item for the benefit of a third party.
The Renter is not permitted to modify the Rented Item in any way.
The Renter may not transfer rights and obligations under the Agreement to third parties.

ARTICLE 15 – TERM AND TERMINATION OF THE AGREEMENT

The Rented Item is rented for a minimum period, as indicated on the Website, unless expressly agreed otherwise. After the expiry of that minimum period, or if deviated from, after the expiry of the agreed period, the rental period of the Rented Item is tacitly extended each time by the duration of the respective minimum period or the agreed period.
The Renter may terminate the Agreement at any time, subject to a notice period of one month. The Renter must terminate the Agreement by e-mail.
The Rented Item must be (i) offered for shipment to a postal company, (ii) picked up by Tiny Library, or (iii) returned by the Renter to the location indicated by Tiny Library no later than the End Date of the Agreement. The Renter bears the shipping costs for returning the Rented Item. In the event that Tiny Library picks up the Rented Item, the shipping costs are equal to those charged to the Renter for the delivery of the Rented Item to the Renter. If the Rented Item is not received by Tiny Library on time or not offered for shipment on time, the rental period will be extended by fourteen days each time.
In the event of termination of the Agreement during a month for which the Renter has already paid, Tiny Library will refund the amount already paid for that month, less the value attributed to the period that the Renter had the Rented Item during that month, to the Renter.

ARTICLE 16 – RIGHT OF WITHDRAWAL

The Renter has the right to dissolve the agreement within 14 days without giving reasons. This period begins after the Renter has placed the order on the website.
When the rental period starts within the withdrawal period, the consumer waives their right of withdrawal.
If the Renter wishes to exercise their right of withdrawal, the Renter must notify Tiny Library via the customer service email address (klantenservice@tinylibrary.nl) that they wish to exercise their right of withdrawal. The Renter must state in this email: the order number, a description of the product to be returned, the Renter's name, address, and telephone number.
If the Renter invokes their right of withdrawal via email, Tiny Library will send the Renter a confirmation after receiving the email.
After the Renter has notified Tiny Library that they wish to dissolve the agreement, the Renter must return the product to Tiny Library within 3 days, provided it is unused, undamaged, unaltered, and in its original (undamaged) packaging.
If the returned products are damaged, incomplete, or used, this damage will be deducted from the amount that the Renter has paid to Tiny Library in accordance with Article 10.
If the Renter dissolves the agreement in accordance with this article, the shipping costs for returning the product will be borne by the Renter.
The risk of the return shipment rests with the Renter.
In the event of a dissolution as described in this article, Tiny Library will refund already paid amounts (purchase price) within 14 days after the Renter has invoked their right of withdrawal. If the Renter keeps part of the order, the shipping costs will be borne by the Renter.

ARTICLE 17 – TINY CARE DAMAGE COVERAGE

If the Renter purchases Tiny Care as an add-on, the Renter's liability for a damage event is covered up to a maximum damage amount of €750, subject to the following conditions:

Renter uses the Rented Item according to the manual, which is provided by Tiny Library in the box or on the website.
For damage to cargo bikes, the Renter's liability is not reduced. Separate coverage must be taken out for this.
The Renter must also pay the full rent for the month in which the damage was reported.

Other losses or damages are not covered by Tiny Care; for example, theft, loss (both intentional and accidental) or intentional damage (e.g., deliberate misuse of the item). In this case, the costs for repairing or replacing a part will be passed on to the Renter.
Tiny Care does not apply to damage, loss or theft of the Rented Item on holiday. In this case, the damage or loss is covered by your travel insurance.
If the rented item is not covered by Tiny Care, the damage costs will not be reduced according to the above provisions and the full damage amount will be charged. If this amount exceeds the residual value, the residual value will be paid.
Tiny Care can only be used once for each respective rented item. The customer must immediately inform Tiny Library of any damage to the Rented Item for which Tiny Care has been purchased.

ARTICLE 18 – TINY BUYBACK GUARANTEE

Participation in the Tiny Buyback Guarantee is open to customers who have purchased a product via the Website, provided that this product is explicitly designated as eligible for buyback on the Website. Participation does not automatically entitle to buyback by Tiny Library.
Only products that meet the following criteria are eligible:
a. complete, functional and safe to use;
b. in a condition consistent with normal use;
c. clean and without serious damage or missing parts;
d. not permanently modified or personalized;
e. originally purchased through Tiny Library.
An indicative buyback value may be displayed on the Website. The definitive buyback value will be determined after inspection by Tiny Library and depends, among other things, on the condition of the product, period of use, market demand and expected residual value.
After inspection, the customer will receive a buyback offer. This offer is binding for Tiny Library and can be accepted by the customer within 7 days. After acceptance, the agreed amount will be paid within 14 days.
Tiny Library reserves the right to refuse a product if it does not meet the conditions, if misuse is suspected, or if the product is not suitable for reuse.
If a product is not accepted, the customer can choose to:
a. receive the product back (at their own expense), or
b. relinquish the product, after which Tiny Library may process, recycle or donate the product.
Ownership of the product will only transfer to Tiny Library after the buyback offer has been accepted by the customer.
Tiny Library reserves the right to change or terminate the Buyback Guarantee. Changes will not affect already accepted buyback requests.

ARTICLE 19 – INVALIDITY OF ONE OR MORE PROVISIONS

The invalidity of one of the provisions of the Agreement and/or the General Terms and Conditions shall not affect the validity of the other provisions of the Agreement and/or the General Terms and Conditions.
If and insofar as one of the provisions of the Agreement and/or the General Terms and Conditions is invalid or, according to the principles of reasonableness and fairness, is unacceptable under the given circumstances, a provision shall apply between the parties that is acceptable given all circumstances.

ARTICLE 20 – APPLICABLE LAW AND JURISDICTION

The legal relations between Tiny Library and the Renter are exclusively governed by Dutch law.
All disputes between Tiny Library and the Renter will, at Tiny Library's discretion, be settled by the competent court in the Netherlands, unless mandatory provisions (including consumer protection) oppose this, in which case the legally competent court applies.