Terms and Conditions

PART A — GENERAL PROVISIONS (applicable to all agreements)

Article 1 — Definitions

The following definitions apply in these Terms and Conditions:

Consumer: the natural person who is not acting in the course of a profession or business and who enters into an Agreement with Tiny Library.
Email: klantenservice@tinylibrary.nl
Renter: the Customer who enters into a Rental Agreement.
Rental Agreement: the agreement under which Tiny Library makes a Product available to the Renter in exchange for payment of a periodic rental price.
Customer: any natural or legal person who enters into an Agreement with Tiny Library; includes both Renter and Buyer.
Purchase Agreement: the agreement under which Tiny Library sells a Product and transfers ownership thereof to the Buyer.
Buyer: the Customer who enters into a Purchase Agreement.
Agreement: the Rental Agreement, the Purchase Agreement, or the Buyback Agreement, as applicable.
Product: the product or products that are the subject of the Agreement; when rented, referred to as "the Rented Item."
Buyback Agreement: the agreement under which Tiny Library repurchases a previously sold Product from the Buyer, in accordance with Part C.
Buyback Value: the amount, definitively determined by Tiny Library after inspection, for which Tiny Library is willing to repurchase the Product.
Tiny Library: Tiny Library BV, located at Nijverheidslaan 9, 1382 LE Weesp, the Netherlands, Chamber of Commerce (KvK) no. 77389212, VAT NL860994776B01.
Proof of Shipment: the proof that a Product has been handed over to a carrier for shipment, showing the shipping method, the time of handover, and a track & trace code.
Website: www.tinylibrary.nl/en

Article 2 — Applicability

  1. These Terms and Conditions apply to all offers, quotations, and Agreements of Tiny Library, unless otherwise agreed in writing.
  2. Part A applies to all Agreements. Part B applies exclusively to Rental Agreements. Part C applies exclusively to Purchase Agreements and Buyback Agreements.
  3. In the event of a conflict between Part A and Part B or Part C, the specific part prevails.
  4. Tiny Library is entitled to amend these Terms and Conditions and will inform the Customer thereof in writing. The Customer is entitled to terminate the ongoing Agreement if the amendment is to their disadvantage.
  5. General terms and conditions of the Customer are expressly excluded.

Article 3 — Formation of the agreement

  1. Quotations and price proposals are non-binding.
  2. The Agreement is formed once the Customer has completed the order procedure on the Website and Tiny Library has confirmed the order.
  3. Tiny Library retains the right to dissolve the Agreement within 14 days after order confirmation without stating reasons, provided the Product has not yet been delivered.

Article 3A — Information prior to ordering

  1. Before the Customer completes the order, Tiny Library makes clear on the Website and during the order process at least: the method and term of delivery; the duration of the Agreement and the period(s) by which it is tacitly renewed upon expiry; the notice period applicable after renewal; and, where applicable, the period during which the Customer cannot terminate the Agreement early.
  2. This information is repeated in the order overview and in the order confirmation the Customer receives by email.
  3. Tiny Library retains data regarding the ordering process, including the information shown at the time of ordering and the order confirmation sent, for the statutory retention period, so that in the event of a dispute it can be demonstrated which information was provided to the Customer.

Article 4 — Prices and payment

  1. All stated prices include VAT.
  2. Shipping costs are excluded and are made clear prior to confirmation. For a first order above EUR 100, shipping costs are borne by Tiny Library.
  3. In the event of late payment, the Customer is automatically in default and statutory interest is owed (Section 6:119 of the Dutch Civil Code).
  4. Before charging extrajudicial collection costs, Tiny Library will first send the Customer a reminder with a payment term of 14 days. For Consumers, collection costs, if owed, are calculated in accordance with the statutory scale of the Dutch Extrajudicial Collection Costs Decree (Besluit vergoeding voor buitengerechtelijke incassokosten).
  5. The Customer may only pay via the payment methods offered on the Website.

Article 5 — Delivery

  1. Tiny Library delivers the Product to the address specified by the Customer or makes it available for collection.
  2. Delivery terms are indicative and not strict deadlines.
  3. If delivery is not possible within 30 days, Tiny Library will inform the Customer by email.
  4. Risk passes to the Customer at the time of delivery, unless otherwise provided in Part B.

Article 5A — Risk during return shipment

  1. When the Customer returns a Product to Tiny Library, including upon termination of a Rental Agreement, exercise of the right of withdrawal, or in connection with a Buyback Agreement, the Customer remains responsible for the Product until Tiny Library has actually received it back.
  2. The Customer returns the Product using a traceable shipping method (track & trace) and keeps the Proof of Shipment until Tiny Library has confirmed receipt in writing.
  3. If the Product does not arrive at Tiny Library, the Customer submits the Proof of Shipment. Tiny Library assists the Customer in pursuing the matter with the carrier. If the Customer cannot provide valid Proof of Shipment, the Product remains at the Customer's risk until Tiny Library nevertheless receives it. 
  4. This article does not affect the allocation of return and collection costs as set out in Part B and Part C.

Article 6 — Complaints

  1. Complaints about the delivered Product must be reported by email within 8 days of receipt.
  2. The Customer describes the complaint clearly and precisely and, where possible, includes photos.
  3. In the event of a valid complaint, Tiny Library may choose between replacement, repair, or refund.
  4. Disputes may be submitted to the European Union's ODR platform: http://ec.europa.eu/odr.

Article 7 — Liability (general)

  1. Each party is liable for damage suffered by the other party to the extent that the damage is attributable to it.
  2. Tiny Library's liability for direct damage is limited to the amount paid out by Tiny Library's insurer in the relevant case.
  3. Tiny Library is not liable for indirect damage, including consequential damage, loss of profit, or non-material damage.
  4. Statutory claims of the Customer against Tiny Library lapse after one year from the event causing the damage.

Article 8 — Force majeure

  1. In the event of force majeure (Section 6:75 of the Dutch Civil Code), obligations are suspended without any right to compensation.
  2. If the force majeure lasts longer than three months, either party may dissolve the Agreement by registered letter.

Article 9 — Applicable law and disputes

  1. Dutch law applies.
  2. Disputes are settled by the competent court in the Netherlands, unless mandatory consumer protection law designates a different court.

PART B — RENTAL AGREEMENT 

Applicable to: monthly rental of products via tinylibrary.nl. Ownership of the Rented Item remains with Tiny Library at all times.

Article B1 — Rental agreement and right of use

  1. The Renter obtains a non-exclusive, non-transferable right of use to the Rented Item for the duration of the term.
  2. The specific conditions of use per product are available on that product's order page.
  3. The Rented Item is intended for use by members of the Renter's household.

Article B2 — Obligations of the Renter

  1. The Renter uses the Rented Item as a good tenant would, in accordance with its intended purpose and the conditions of use.
  2. It is not permitted to pass on the Rented Item or allow third parties to use it.
  3. The Renter makes no modifications to the Rented Item.
  4. The Renter returns the Rented Item at the end of the Agreement in its original condition.

Article B3 — Rental price and deposit

  1. The monthly rental price includes VAT and excludes shipping costs.
  2. The Renter authorizes Tiny Library to automatically collect the monthly rental price by direct debit.
  3. If indicated on the Website, the Renter owes a deposit. The deposit is charged on the first invoice.
  4. Tiny Library is entitled to withhold (part of) the deposit for damage (Article B6) or late return (Article B8).
  5. The deposit is repaid no later than one month after the end of the Agreement.
  6. Tiny Library may adjust the rental price due to CPI increases, cost increases, or changes in laws and regulations, with at least 15 days' prior notice by email.

Article B4 — Term and termination

  1. The Rental Agreement is entered into for the minimum rental period stated on the Website and is tacitly renewed for the same period each time. During this minimum rental period, the Rental Agreement cannot be terminated early, unless mandatory law or these Terms and Conditions provide otherwise.
  2. The Renter may terminate the Agreement in writing at any time, observing a notice period of one month.
  3. Tiny Library may terminate the Agreement with immediate effect in the cases described in Article B9.

Article B5 — Return at end of agreement

  1. The Rented Item must, no later than the end date: (i) be handed over to a postal company for shipment, (ii) be collected by Tiny Library, or (iii) be returned to the location designated by Tiny Library.
  2. Return costs are borne by the Renter. The risk of loss or damage to the Rented Item during return shipment is governed by Article 5A.
  3. If the Rented Item is not received on time, the rental period is extended by fourteen days at a time.
  4. Tiny Library refunds any prepaid rent on a pro-rata basis.
  5. Collection or return costs are only owed to the extent that they are reasonable and made known to the Renter in advance, and are not charged in addition when already offset against compensation payable under Article B6.

Article B6 — Damage

  1. The Renter reports damage within two days by email, including photos.
  2. In the event of damage due to abnormal use, the Renter compensates the actual damage suffered by Tiny Library. This damage is determined based on the current value of the Rented Item (the replacement value less market-standard depreciation), the extent of the damage, and the cost of repair, with a maximum of the current value of the Rented Item.
  3. In the event of loss or theft, the Renter reports this within 24 hours by email and files a police report. In that case, the Renter compensates the current value of the Rented Item, less any payout under Tiny Care (Article B7) or the Renter's liability or travel insurance.
  4. Tiny Library does not charge compensation under this article cumulatively alongside other compensation, penalties, or lost rental income for the same event. The total compensation never exceeds the actual damage suffered by Tiny Library.

Article B7 — Tiny Care damage coverage

  1. If the Renter purchases Tiny Care, their liability for damage per damage-causing event is covered up to a maximum of EUR 750, provided the Rented Item was used in accordance with the manual.
  2. Theft, loss, and intentional damage are excluded from Tiny Care.
  3. Tiny Care does not apply to damage, loss, or theft during a holiday. That is covered by the Renter's travel insurance.
  4. Tiny Care can be used only once per Rented product.
  5. Damage to cargo bikes falls outside Tiny Care coverage; a separate insurance policy must be taken out for this.

Article B8 — Right of withdrawal (rental)

  1. The Consumer/Renter has the right to dissolve the Rental Agreement within 14 days of placing the order, without giving reasons. 
  2. When the rental period commences within the withdrawal period, the Renter expressly waives their right of withdrawal.
  3. Withdrawal takes place by email, stating the order number, name, address, and the product to be returned.
  4. The Product must be returned within 14 days of withdrawal, unused, undamaged, and in its original packaging.
  5. Return costs are borne by the Renter. The risk of loss or damage to the Product during return shipment is governed by Article 5A.

Article B9 — Termination by Tiny Library

Tiny Library is entitled to terminate the Rental Agreement with immediate effect if the Renter:

• is in default of fulfilling their obligations;
• applies for or is granted a suspension of payments, or is declared bankrupt;
• is placed under guardianship or becomes subject to the Dutch Natural Persons Debt Rescheduling Act (WSNP);
• uses the Rented Item in violation of the Agreement or the conditions of use;
• intentionally provides incorrect information.

In all cases, the Renter is obliged to return the Rented Item on the notice date.

Article B10 — Ownership

  1. The Rented Item remains the property of Tiny Library at all times.
  2. The Renter may not establish any security rights over the Rented Item.
  3. Subletting and making the item available to third parties is not permitted, on pain of forfeiture of insurance coverage and reasonable compensation or a contractual penalty of up to EUR 2,000, which may be mitigated by the court and which does not exceed the actual damage suffered by Tiny Library insofar as mandatory law so requires.
  4. Rights and obligations under the Rental Agreement may not be transferred.

PART C — PURCHASE AGREEMENT AND BUYBACK GUARANTEE

Applicable to: purchase of products via tinylibrary.nl, whether or not with Buyback Guarantee. Ownership transfers upon delivery (Article C2).

Article C1 — Purchase agreement

  1. The Purchase Agreement is formed upon completion of the order procedure on the Website.
  2. Tiny Library sells and delivers the Product to the Buyer. Ownership transfers at the moment of delivery to the Buyer.
  3. The Buyer is responsible for the Product from the moment of transfer of ownership.

Article C2 — Conformity and warranty

  1. The Product conforms to the Purchase Agreement if it possesses the characteristics that the Buyer could expect on the basis of the agreement (Section 7:17 of the Dutch Civil Code).
  2. Tiny Library guarantees the quality of the Product in accordance with the description on the Website.
  3. For second-hand (refurbished) Products, the condition is clearly described on the Website. The
  4. Buyer accepts the described condition of the Product.
  5. Products sold as new are subject to the statutory conformity warranty of two years from delivery (Section 7:17 in conjunction with Section 7:21 et seq. of the Dutch Civil Code). For second-hand (refurbished) Products, this term may be shortened to a minimum of one year, provided this is clearly stated with the Product on the Website (Section 7:6a(1) of the Dutch Civil Code). These statutory rights of the Buyer are not limited or excluded by these Terms and Conditions.

Article C3 — Right of withdrawal (purchase)

  1. The Consumer/Buyer has the right to dissolve the Purchase Agreement within 14 days of receipt of the Product, without giving reasons.
  2. Withdrawal takes place by email, stating the order number, name, address, and the product to be returned.
  3. The Product must be returned within 14 days of withdrawal, unused, undamaged, and in its original packaging.
  4. Return costs are borne by the Buyer.
  5. The risk of loss or damage to the Product during return shipment is governed by Article 5A.
  6. Tiny Library refunds the purchase price within 14 days of receiving the item.
  7. If the returned Product is damaged or has been used, the resulting depreciation is deducted from the refund.

Article C4 — Buyback Guarantee: participation and criteria

  1. Participation in the Buyback Guarantee is open to Buyers of Products that are explicitly designated on the Website as eligible for buyback.
  2. Participation does not confer any right to automatic buyback. Tiny Library retains the right to refuse a buyback request.
  3. Only Products meeting the following criteria are eligible:

• complete, functional, and safe to use;
• in a condition consistent with normal use;
• clean and free of serious damage or missing parts;
• not permanently altered or personalized;
• originally purchased through Tiny Library.

Article C5 — Buyback procedure and valuation

  1. An indicative buyback value may be displayed on the Website. This value is not binding.
  2. The Buyer submits their buyback request via the Website or by email.
  3. Tiny Library inspects the Product upon receipt and determines the final Buyback Value based on: the condition of the Product, duration of use, market demand, and expected residual value.
  4. After inspection, the Buyer receives a buyback offer. This offer is binding on Tiny Library and may be accepted by the Buyer within 7 days.
  5. After acceptance, Tiny Library pays out the agreed Buyback Value within 14 days.

Article C6 — Transfer of ownership upon buyback

  1. Ownership of the Product transfers to Tiny Library only after the Buyer has accepted the buyback offer.
  2. Until the moment of transfer of ownership, the Buyer remains fully liable for the Product.
  3. The risk of loss or damage to the Product during transport to Tiny Library is governed by Article 5A. Ownership and risk transfer to Tiny Library only after the Product has been received and inspected in accordance with Article C5.

Article C7 — Refusal and processing

  1. Tiny Library refuses a buyback request if the Product does not meet the criteria, in case of suspected misuse, or if the Product is not suitable for reuse.
  2. If a Product is not accepted, the Buyer may choose: (a) to have the Product returned at their own expense, or (b) to relinquish the Product, after which Tiny Library may process, recycle, or donate it.

Article C8 — Amendment of the Buyback Guarantee

  1. Tiny Library retains the right to amend or discontinue the Buyback Guarantee. Amendments do not apply to buyback requests already accepted.