Terms and Conditions

TINY LIBRARY TERMS AND CONDITIONS

 

Article 1 – Concepts

 

The following terms apply to these general terms and conditions:

Directions : Tiny Library-provided directions included with the product;

General Terms and Conditions : the present general terms and conditions;

Consumer : a consumer as referred to in Section 6:230g of the Dutch Civil Code;

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

E-mail : an e-mail sent to the following e-mail address: info@tinylibrary.nl ;

Terms of use : the conditions regarding the use of the Rented Item by the Renter;

Rented : the rented product or products, including accessories;

Renter : any natural or legal person who enters into an Agreement;

Agreement : the agreement between Tiny Library and the Renter for the use of the Rented Item by the Renter as well as any other agreement between Tiny Library and the Renter;

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

Tiny Library : Baby Exchangerie BV, trading under the name Tiny Library, located at Nieuwe 's-Gravelandseweg 27, 1405 HK in Bussum and registered with the Chamber of Commerce under number 77395743 or an affiliated company; 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 Renter about this in writing. If the Renter is a Consumer, the Renter is in that case entitled to terminate the Agreement in accordance with applicable law.
  3. The Renter's general terms and conditions are expressly excluded from applicability.

 

 

Article 3 – Offer, realisation, and cancellation

 

  1. Offers and price proposals are without obligation and can be cancelled or changed at any time.
  2. The Agreement is concluded after the Renter has completed the ordering procedure via the Website and the establishment has been confirmed in writing by Tiny Library.
  3. Tiny Library can refuse an application for an Agreement, for example if a creditworthiness investigation gives cause to do so. Tiny Library does not have to give the exact reason for the refusal.
  4. After an Agreement has been concluded, Tiny Library is at all times entitled to terminate the Agreement without liability prior to delivery. In that case, Tiny Library is not obliged to repay more than any prepayments already made by the Renter.

 

 

Article 4 – Alternatives and adjustment of the range


 

  1. Tiny Library is free to provide another product of similar type, functionality, and quality. Only if the Renter is a Consumer and demonstrates that the Rented Item deviates from the Agreement to such an extent that he can no longer reasonably be obliged to comply, the Renter has the right to dissolve the Agreement within the meaning of this article.
  2. The Renter agrees that Tiny Library can change the type, number, or range of products offered at any time and unilaterally.

 

Article 5 – Agreement

 

  1. The Renter will have access to the Rented Item for the duration of the Agreement.
  2. The Producer, or at least Tiny Library, remains the owner of the Rented Item at all times.
  3. The Terms of Use apply and can be downloaded by the Renter on the order page of each specific product of the Website.

 

Article 6 – Obligations of the Renter

 

  1. The Renter is obliged to cooperate with Tiny Library and to provide all relevant information that is or may be necessary for the implementation of the Agreement in a timely manner.
  2. The Renter 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 justifiably rely on this information.
  3. The Rented Item is intended for personal use, i.e. for use by persons belonging to the Renter's household. It is therefore not permitted to sell, pass on or use the Rented Item to anyone other than the persons intended for this purpose.
  4. The Renter must treat the Rented Item as befits a good Renter. He must use the Rented Item in accordance with its intended use, Conditions of Use, and the Instructions and must not cause any material damage to the Rented Item.
  5. The Renter may not make any changes of any kind to the Rented Item, in particular, the Renter is not allowed to make improvements, remove labels or make repairs to the Rented Item.
  6. After the term of the Agreement, the Renter is obliged to return the Rented Item to Tiny Library in its original condition.

 

 

Article 7 – Non-compliance with obligations

 

  1. Tiny Library is entitled to terminate the Agreement in whole or in part with immediate effect by means of a written notice to the Renter, if:
  2. the Renter is in default with the fulfillment of its obligations under the Agreement;
  3. the Renter applies for suspension of payment or is granted suspension of payment;
  4. the bankruptcy of the Renter is requested, or it is declared bankrupt;
  5. the Renter is placed under guardianship or the debt rescheduling scheme for natural persons becomes applicable to them;
  6. the Renter uses the Rented Item in violation of the provisions of these General Terms and Conditions, the Terms of Use, or the Instructions;
  7. the Rented Item is seized at the expense of the Renter;
  8. in the opinion of Tiny Library, the Renter misuses the Rented Item or the services of Tiny Library; or
  9. the Renter intentionally provides incorrect information to Tiny Library.

 

 

Article 8 – Prices and payment

 

  1. If Tiny Library sends an invoice, this must be paid within seven days of the invoice date.
  2. The agreed prices include VAT and other government levies.
  3. The prices stated on the Website are exclusive of shipping costs. The Renter bears the shipping costs. The amount of the shipping costs will be made known to the Renter on the Website before the Renter can confirm his order.
  4. The Renter owes a deposit in the cases indicated on the Website. The deposit will be charged to the Renter on the first invoice or on the first debit by direct debit. Tiny Library is authorised to withhold (part of) the deposit in the event of a circumstance referred to in Articles 11 and 14 of the General Terms and Conditions equal to the amounts stated in those Articles. If the Renter does not return the Rented Item on the End Date in a manner as referred to in Article 15 paragraph 3 of these General Terms and Conditions, Tiny Library is authorised to withhold the entire deposit. The Renter will receive (the remaining part of) his deposit back within one month after the end of the Agreement.
  5. Tiny Library reserves the right to change the price of the Rented Item if the factors on which the prices are based change. These factors include, but are not limited to: prices of Tiny Library manufacturers and suppliers, duties, taxes, and inflation. Tiny Library will notify the Renter in writing of changes at least thirty days before the effective date. If the price change takes place within three months after the conclusion of the Agreement and the Renter is a Consumer, the Renter is free to dissolve the Agreement on this ground.
  6. For payment, the Renter can only use the payment options offered by Tiny Library on the Website.
  7. In the event that direct debit is used, the Renter is obliged to issue an authorisation for direct debit of the monthly costs arising from the Agreement and all other costs due when concluding the Agreement.
  8. In the event of late payment, the Renter 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 9 – Delivery of the Rented Item

 

  1. Tiny Library (i) sends the Rented Item to (ii) or delivers the Rented Item to the address specified by the Renter. The Renter can also pick up the Rented Item 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 periods and times are not strict deadlines.
  4. Tiny Library carries out what has been agreed to, to the best of its ability, with due observance of the legitimate interests of the Renter. Tiny Library does not guarantee the achievement of any intended result.
  5. If Tiny Library cannot deliver the Rented Item within thirty days, Tiny Library will inform the Renter of this by e-mail.
  6. If, regardless of the reason, the Renter fails to accept the (timely) delivery of the Rented Item, all costs incurred by Tiny Library in connection with the offer, as well as the additional costs of transport, safekeeping, and storage, will be borne by the Renter.

 

Article 10 – Reporting defects and damage after receipt

 

 

  1. Tiny Library delivers the Rented Item clean, well-maintained, and, insofar as known or should be, in technically good condition.
  2. At the time of delivery of the Rented Item, the Renter will receive an overview of any damage to the Rented Item of which Tiny Library is aware.
  3. The Renter must check the Rented Item immediately after delivery and ascertain whether the Rented Item complies with the Agreement and the overview referred to in the second paragraph of Article 10 of the General Terms and Conditions. Complaints from the Renter with regard to the Rented Item must be reported by e-mail within eight days of the date on which the Rented Item was received. If the complaint does not reach Tiny Library within this period, it is assumed that the Rented Item complies with the Agreement and the overview as referred to in the second paragraph of Article 10 of the General Terms and Conditions.
  4. The Renter must describe the complaint clearly and accurately.
  5. The Renter can also submit other complaints by Email.
  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 believes that a complaint is well-founded, then Tiny Library has the option of replacing the Rented Item free of charge or, if replacement is not possible, to offer the Renter compensation up to a maximum of the monthly amount paid by the Renter in connection with the Rented Item and take the Rented back.

 

Article 11 – Damage and limitation period

 

 

  1. The Renter is obliged to report damage to Tiny Library by email as soon as possible, but no later than within two days after the damage has arisen or has become known. The Renter must attach a photo of the damage to the email.
  2. In the event of damage and wear and tear to the Rented Item other than to be expected through normal use, at the discretion of Tiny Library, Tiny Library reserves the right to recover the costs of replacement or repair from the Renter. The Renter can take out insurance for damage in this respect via the Website.
  3. In the event that the Renter is involved in an accident with a car seat, Tiny Library must be contacted as soon as possible. The Renter receives a new car seat from Tiny Library and an invoice to recover the damage from the car insurance.
  4. 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 to the damage-causing event.

 

 

Article 12 – Liability

 

 

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

 

 

Article 13 – 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 side.
  2. If Tiny Library knows or suspects that the Rented Item cannot be delivered (partly) on time due to force majeure, Tiny Library will inform the Renter of this as soon as possible by email.
  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 providing any right to compensation.

 

 

Article 14 – Theft or missing

 

  1. In case of loss or theft of the Rented Item, the Renter is obliged to report this to Tiny Library by E-mail within 24 hours after discovery and to report this to the police. The Renter is also obliged to submit a copy of the official declaration report to Tiny Library.
  2. In the event of loss or theft, the Renter is obliged to compensate Tiny Library for the damage at the current value of the Rented Item.

 

 

Article 15 – Term and end of Agreement

 

  1. 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 will be tacitly extended by the duration of the minimum period or the agreed period respectively.
  2. The Renter can terminate the Agreement at any time, with due observance of a notice period of one month. The Renter must cancel the Agreement by E-mail.
  3. At the latest on the End Date of the Agreement, the Rented Item must (i) be sent to a postal company, (ii) be picked up by Tiny Library or (iii) be returned by the Renter at the location indicated by Tiny Library. The Renter bears the shipping costs for returning the Rented Item. In the event that Tiny Library collects the Rented Item, the shipping costs will be the same as those charged to the Renter upon delivery of the Rented Item to the Renter. If the Rented Item is not received by Tiny Library on time or if it is not offered for shipment in time, the rental period will be extended by one month.
  4. 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 assigned to the period that the Renter has had the Rented Item during that month to the Renter with due observance of the notice period.

 

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 in accordance with the principles of reasonableness and fairness, a provision will apply between the parties that is acceptable in all circumstances.

 

Article 17 – Final provisions; applicable law and jurisdiction

 

  1. The legal relationships between Tiny Library and the Renter are exclusively governed by Dutch law.
  2. All disputes between Tiny Library and the Renter will be settled by the competent court of Amsterdam unless a Consumer is domiciled in another Member State.
  3. In case of disagreement about the interpretation of the General Terms and Conditions, the Dutch text is binding.