Terms and Conditions

Article 1 - Definitions

The following terms apply in these general terms and conditions:

Terms and Conditions: the present general terms and conditions; Tiny Library: Tiny Library, located at Nieuwe 's-Gravelandseweg 27, 1405 HK in Bussum, 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;
E-mail: info@tinylibrary.nl;
Terms of Use: the conditions regarding the use of the Rented Property by the Tenant;
Rented: the rented product or products;
Tenant: any natural or legal person who concludes an Agreement;
Agreement: the agreement between Tiny Library and the Tenant for the use of the Rented Property by the Tenant as well as any other agreement between Tiny Library and the Tenant;
Producer: the producer as referred to in Section 6:187 of the Dutch Civil Code; and
Website: www.tinylibrary.nl.

Article 2 - Applicability

  1. These General Terms and Conditions apply to all offers and quotations from Tiny Library and to the Agreement.
  2. Tiny Library is entitled to change or supplement the General Terms and Conditions and will inform the Tenant about this in writing. In that case, the Lessee is entitled to dissolve the Agreement.
  3. The Tenant's general terms and conditions are expressly excluded from applicability.

Article 3 – Offer and realization

  1. Quotations and price proposals are without obligation and can be canceled or changed at any time.
  2. The Agreement is concluded after the Tenant has completed the ordering procedure via the Website.

Article 4 – Agreement

  1. The Renter will have access to the Rented Property for the duration of the Agreement.
  2. The Terms of Use apply and can be downloaded by the Renter on the order page of each specific product of the Website.

Article 5 – Obligations of the Tenant

  1. The Tenant is obliged to cooperate with Tiny Library and to provide all relevant information in a timely manner that is or may be necessary for the execution of the Agreement.
  2. The Tenant is responsible for the correctness, completeness and reliability of the data provided to Tiny Library, even if that data is supplied to Tiny Library via a third party. Tiny Library may in all cases legitimately rely on this information provided.
  3. The Rental Property is intended for personal use, ie for use by the persons belonging to the Tenant's 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.
  4. The Tenant must treat the Rented Property as befits a good Tenant. He must use the Rental in accordance with the destination and the Terms of Use.
  5. After the term of the Agreement, the Tenant is obliged to return the Rented Property to Tiny Library in its original condition.

Article 6 - Failure to fulfill obligations

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

  1. Tenant is in default with the fulfillment of its obligations under the Agreement;
  2. The tenant applies for a suspension of payments or is granted a suspension of payments;
  3. The Tenant is filed for bankruptcy or is declared bankrupt;
  4. The tenant is placed under guardianship or the debt rescheduling scheme for natural persons becomes applicable to him;
  5. The Lessee uses the Rented Property in violation of the provisions of these General Terms and Conditions or the Terms of Use;
  6. The Leased Property is seized at the expense of the Tenant;
  7. Tenant, in the opinion of Tiny Library, misuses the Rented Property or the services of Tiny Library; or
  8. Tenant intentionally provided incorrect information to Tiny Library.

Article 7 - Prices and payment

  1. If Tiny Library sends an invoice, it must be paid within seven days of the date of that invoice.
  2. The agreed prices include VAT and other government levies.
  3. The prices stated on the Website are exclusive of shipping costs. The Lessee bears the shipping costs. The amount of the shipping costs will be made known to the Tenant on the Website before the Tenant can confirm his order. When spending more than EUR 100 on the first order, Tiny Library bears the shipping costs.
  4. The Lessee owes a deposit in the cases indicated on the Website. The deposit will be charged to the Tenant on the first invoice or on the first debit by means of direct debit. Tiny Library is authorized to withhold (part of) the deposit in the event of a circumstance referred to in Articles 10 and 13 of the General Terms and Conditions equal to the percentages stated in those Articles. If the Renter does not return the Rented Goods on 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 Tenant will receive (the remaining part of) his deposit back within one month after the end of the Agreement.
  5. 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.
  6. For payment, the Tenant can only use the payment options offered by Tiny Library on the Website.
  7. If direct debit is used, the Lessee is obliged to authorize direct debit for the monthly costs arising from the Agreement and all other costs owed when concluding the Agreement.
  8. In the event of late payment, the Tenant 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).

Article 8 – Delivery of the Rental Property

  1. Tiny Library (i) will send the Rental to (ii) or deliver the Rental to the address specified by the Renter. The Tenant can also pick up the Rented Goods at an address to be specified by Tiny Library.
  2. Tiny Library can make partial deliveries and send partial invoices in connection with this.
  3. The specified or agreed delivery times and times are not strict deadlines.
  4. Tiny Library will carry out what has been agreed to the best of its ability, taking into account the legitimate interests of the Tenant. Tiny Library does not guarantee the achievement of any intended result.
  5. If Tiny Library cannot deliver the Rented Items within thirty days, Tiny Library will inform the Renter by e-mail.
  6. If, for whatever reason, the Tenant fails to accept the (timely) delivery of the Rented Property, all costs incurred by Tiny Library in connection with the offer, as well as the additional costs of transport, custody and storage, will be borne by the Tenant.

Article 9 – Reporting defects and damage after receipt

  1. Tiny Library delivers the Leased Property clean, well maintained and, insofar as is known or should be, in a good technical condition.
  2. At the time of delivery of the Rental, the Tenant will receive an overview of any damage to the Rental with which Tiny Library is known.
  3. The Lessee must inspect the Rental Property immediately after delivery and ascertain whether the Rental Property complies with the Agreement and the overview as referred to in the second paragraph of this Article 9. Complaints from the Tenant with regard to the Rental Property must be reported by E-mail within eight days of the date on which the Rental Property is received. If the complaint does not reach Tiny Library within this term, it is deemed that the Rental Property complies with the Agreement and the overview as referred to in the second paragraph of this article 9.
  4. The Lessee must describe the complaint clearly and accurately.
  5. The Tenant can also submit other complaints by E-mail.
  6. If the complaint cannot be resolved, the Renter has the right to submit the complaint to the European Union's online dispute resolution platform at http://ec.europa.eu/odr.
  7. If Tiny Library 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 Tenant compensation of a maximum of the monthly amount paid by the Tenant in connection with the Rented Property and the Rented Property. to take back.

Article 10 – Damage and limitation period

  1. The Lessee is obliged to report damage to Tiny Library by e-mail as soon as possible, but at the latest within two days after the damage has arisen or became known. The Tenant must attach a photo of the damage to the e-mail.
  2. In the event of damage and wear and tear to the Rental Property other than that to be expected through normal use, the Lessee will forfeit a fine of 15% of the new value of the Rental Property, or, if 15% is unreasonable, a reasonable percentage of the new value of the Item. Rented.
  3. All legal claims of the Renter against Tiny Library arising from damage attributable to Tiny Library will lapse after one year from the date on which the relevant claim became due due to the damage-causing event.

Article 11 – Liability

  1. Each party is liable for damages suffered by the other party in connection with this Agreement to the extent that party is liable for such damages under applicable law.
  2. In the cases referred to in Section 3 of Title 3 of Book 6, the Producer is also liable for damage suffered.

Article 12 - Force majeure

  1. In the event of force majeure (within the meaning of Article 6:75 of the Dutch Civil Code) on the part of one of the parties, the performance of the Agreement will be suspended in whole or in part, without either party being obliged to pay compensation to the other party.
  2. If Tiny Library knows or suspects that the Rented Items (partly) cannot be delivered on time due to force majeure, Tiny Library will inform the Renter by e-mail as soon as possible.
  3. 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 can dissolve the Agreement by registered letter with immediate effect and extrajudicially, without this giving any right to compensation.

Article 13 – Theft or missing persons

  1. In the event of loss or theft of the Rented Property, the Renter is obliged to report this to Tiny Library by e-mail within 24 hours and to file a report.
  2. In the event of loss or theft, the Lessee owes an excess of 30% of the new value of the Rental.


Article 14 – Ownership and transfer

  1. The Rented Property remains the property of Tiny Library at all times.
  2. The Lessee is not permitted to establish or grant any (security) right to the Leased Property for the benefit of a third party.
  3. The Tenant is not permitted to change the Rented Property in any way.
  4. The Lessee may not transfer rights and obligations under the Agreement to third parties.

Article 15 – Term and end of Agreement

  1. The Rental Property is rented for a minimum period, as indicated rented, 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 Goods is tacitly extended by the duration of the minimum period or the agreed period, respectively.
  2. The Lessee may terminate the Agreement at any time, subject to a notice period of one month. The Tenant must terminate the Agreement by E-mail.
  3. At the latest on the End Date of the Agreement, the Rented Item must be (i) presented for shipment at a postal company, (ii) collected by Tiny Library or (iii) returned by the Tenant at the location indicated by Tiny Library. The Renter bears the shipping costs for returning the Rented Goods. In the event Tiny Library collects the Rental, the shipping costs will be the same as those charged to the Tenant when the Rental was delivered to the Tenant. If the Rented Item is not received by Tiny Library on time or is not presented for shipment on time, the rental period will be extended by fourteen days.
  4. In the event of termination of the Agreement during a month for which the Tenant has already paid, Tiny Library will refund the amount already paid for that month, less the value attributed to the period that the Tenant has had the Rented Property during that month. to the Tenant.

Article 16 – Invalidity of one or more provisions

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

Article 17 – Applicable law and jurisdiction

  1. The legal relationships between Tiny Library and the Tenant are exclusively governed by Dutch law.
  2. All disputes between Tiny Library and the Tenant will be settled by the competent court of Amsterdam, unless a consumer is domiciled in another Member State.

 

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