General Terms and Conditions of BIYU B.V. (hereinafter: BIYU)

Definitions.
In the following General Terms and Conditions, the following terms shall be understood as:

General Terms: These are the general terms of BIYU applicable to every BIYU ACCESS Membership and BIYU Rental Agreement in each commercial transaction or interaction.
App: The BIYU App, available on the 'Apple App Store' or 'Google Play Store'.
BIYU ACCESS Membership: The agreement between BIYU and a Member for the use of Products in the BIYU App and Website, as well as any other agreement between BIYU and a Renter.
BIYU-ID: The QR code on a Product for the identification of that Product.
BIYU Logo: A graphical symbol in the shape of a green hexagon clearly visible on Products in the BIYU App and Website for Members.
BIYU Rental Agreement: The agreement between BIYU and a Renter for the use of one or more specific Products in the BIYU App and Website, as well as any other agreement between BIYU and a Renter.
Fair Market Value: The estimated value of the Product as of the date of damage or loss, determined by BIYU based on factors such as depreciation costs or the number of operational hours of the lost Product.
Delivery by BIYU: The delivery of a Product and any consumables to an address specified by a Member/Renter by BIYU.
End Date: The date on which the BIYU ACCESS Membership ends due to cancellation by a Member as set forth in these terms.
Hub: A physical establishment or location owned or operated by BIYU, where Member/Renters can pick up, return, or receive other related services from BIYU.
Renter: Any natural or legal person above the age of 18 who rents Products from BIYU.
Preparation: A Product is prepared and set up half an hour before the start of the ride, which is half an hour before the specified time slot.
Member: Any natural or legal person above the age of 18 who enters into a BIYU ACCESS Membership with BIYU.
Normal Use: 'Normal use' refers to the use of the Product in accordance with the instruction manual and/or as may reasonably be expected by the Member/Renter, provided no extreme conditions such as exposure to high temperatures, moisture, vibrations, shocks or other conditions that could cause damage to the Product apply.
Self-Pickup: The pickup of Products by a Member/Renter at a BIYU Hub.
Pickup by BIYU: The collection of a Product from an address specified by a Member/Renter by BIYU.
Products: Items provided by BIYU to a Member/Renter under the BIYU ACCESS Membership or BIYU Rental Agreement for use by a Member/Renter in accordance with the General Terms.
Self-Return: The act of returning Products to a BIYU Hub by a Member/Renter.
Vendor: A third party that owns the Products and offers them for rent to Members/Renters through BIYU.
Websites: www.biyu.world, www.biyu.nl, and www.biyu.de.

Applicability and Terms

These General Terms are applicable to both the BIYU ACCESS Membership and the BIYU Rental Agreement.
On all agreements with regard to renting a Tesla the general terms and conditions of MisterGreen are also applicable, which can be found on https://www.mistergreen.nl/general and in the order confirmation you receive when the order is placed. In the event of a conflict between the BIYU General Terms and Conditions and the terms and conditions of MisterGreen, the terms of MisterGreen prevail.
Any deviating or additional agreements between BIYU and the Member/Renter are only valid if confirmed in writing and expressly by BIYU.
All amounts mentioned by BIYU are inclusive of VAT.
Member/Renter must be 18 years or older and capable of legal action to enter into a BIYU ACCESS Membership or BIYU Rental Agreement. Minors can only enter into an agreement with the consent of a parent or guardian.
Member/Renter is personally liable for compliance with these General Terms.
Member/Renter must possess a valid SEPA bank account number.
Member/Renter is responsible for promptly notifying BIYU of any changes in personal data, such as a new address or bank account number.
Member/Renter is responsible for the normal use of the Products, in accordance with the care of a good householder.
The Products are intended solely for the personal use of the Member/Renter. Lending the Products to third parties is not permitted. Violation of this prohibition incurs a fine payable by the Member/Renter up to a maximum of €2,000 (two thousand EURO). The amount of this fine is determined by BIYU. This fine does not prejudice any other rights of BIYU, such as claiming damages and/or terminating the BIYU ACCESS Membership in accordance with Chapter 2 and Chapter 14 of these General Terms.
The Products remain the property of BIYU and/or the Vendor at all times, regardless of the duration of the BIYU ACCESS Membership or the BIYU Rental Agreement. Member/Renter is not allowed to establish any (security) right on the Products for the benefit of third parties.
If the Member/Renter intentionally appropriates the Product, this constitutes embezzlement. The BIYU ACCESS Membership and BIYU Rental Agreement are not extended by failure to timely return the Product, although the risk remains fully with the Member/Renter.
Without written permission from BIYU, the Member/Renter is not authorized to alienate, pledge, or in any way encumber the Products.
Member/Renter may not make changes to the Products that cannot be removed without damage. Manipulation of the electronics or software of the Products is also not allowed.
Member/Renter is expected not to use the Products in an asbestos environment or to bring them into contact with asbestos. BIYU will not accept the return of Products that have been used in such an environment, or which are suspected of being contaminated with asbestos, and is entitled to charge the Fair Market Value as well as to recover any other damages from the Member/Renter.

BIYU ACCESS Membership

BIYU ACCESS Membership refers to the agreement between BIYU and a Member for the use of products, as offered via the BIYU App and Website, as well as any other agreement between BIYU and a Member.
During the term of the BIYU ACCESS Membership, the Member has access to products both with and without the BIYU Logo, as visible in the App and on the Website.
BIYU reserves the right to unilaterally terminate the BIYU ACCESS Membership, subject to a reasonable notice period and statement of reasons.
The duration of a BIYU ACCESS Membership is for a fixed term, unless otherwise agreed by BIYU and Member. One-time registration fees and separate delivery and pickup costs are charged to the Member. These delivery and pickup costs are not included in the BIYU ACCESS Membership fees. The registration fees are listed when concluding a BIYU ACCESS Membership. The costs for delivery and pickup by BIYU are stated on the App and Website.
When entering into a BIYU ACCESS Membership, the rental of one product with a green BIYU logo for the first 24 hours is included in the membership. For each additional product or for rentals longer than 24 hours, the Member receives a 50 percent discount on products with a green BIYU logo, applicable to a maximum of 4 extra products. For products without a green BIYU logo, a product-specific discount is applied.
After the expiration of a BIYU ACCESS Membership, the Membership is automatically renewed for a period of one month, unless it is terminated according to the General Terms and Conditions.
The Member has the right to cancel at any time with a notice period of one month, starting on the last day of the following calendar month.
After cancellation, the Member retains the right to use the Products until the End Date. If the cancellation occurs within the first 14 days after the start of the BIYU ACCESS Membership, during the so-called cooling-off period, the full amount will be refunded within 21 days, provided that no use has been made of BIYU. If the Member cancels during the cooling-off period but still has an order pending for the future, this order will automatically be cancelled.
The Products and any parts must be returned to BIYU by the End Date at the latest.
If the Product is not returned to BIYU by the End Date at the latest, the Member will be charged the rental price of the Product per day, until the Product is returned to BIYU or the Member has reactivated his BIYU ACCESS Membership. Reactivation of the BIYU ACCESS Membership must take place within seven days of the End Date.
If the Product is not transferred to BIYU within seven days of the End Date and the BIYU ACCESS Membership is not reactivated, BIYU will take legal action. In addition, the Member/Renter is obliged to compensate the damage suffered by BIYU, which is determined per BIYU ACCESS Membership or BIYU Rental Agreement and a fine of 100 percent of the Fair Market Value of the Product, without prejudice to the right of BIYU to claim full compensation for the damage suffered, insofar as this exceeds the amount of the determined compensation depending on the type of BIYU ACCESS Membership or BIYU Rental Agreement.
Before the End Date, the Member can cancel the cancellation and reactivate the BIYU ACCESS Membership by contacting customer service.

BIYU Rental Agreement:

The BIYU Rental Agreement is the agreement between BIYU and a Renter for the use of one or more specific products, as offered via the BIYU App and Website, as well as any other agreement between BIYU and Renter.
The Renter has access to the Product selected in the App or on the Website for the duration of the BIYU Rental Agreement.

Products, Rental Period, and Cancellations

The Products are the items made available by BIYU to the Member/Renter under the BIYU ACCESS Membership or BIYU Rental Agreement, in accordance with these General Terms and Conditions.
A maximum included rental time per Product applies to both the BIYU ACCESS Membership and the BIYU Rental Agreement, as indicated in the App and on the Website.
The Products are delivered including appropriate packaging.
If the products have a BIYU ID and it is damaged or missing, the Member/Renter must immediately contact BIYU.
BIYU reserves the right to trace the Products.
The rental period starts at the beginning of the time slot selected by the Member/Renter for delivery by BIYU or self-pickup of the Product and ends at the end of the selected time slot for pickup by BIYU or self-return of the Product, or earlier if the Product has been picked up by BIYU or self-returned before that time. In that case, the rental costs for the Product will not be reduced.
For the cancellation of the Product reservation or the absence of the Member at the agreed time, the following provisions apply:

If the product is reserved by the Member but the Member cancels the reservation before the product is prepared, any costs for the rental of the Product and the costs for delivery (and possibly for pickup) will be added as credit to the Member's account.
If the product is reserved by the Member and the Member cancels the reservation after the product has been prepared and/or the Product is already on the way, the Member will not be compensated for the delivery costs. The costs of any pickup will be added as credit to the Member's account. Any costs for re-delivering the Product will be charged to the Member.
If the product is reserved by the Member and the Member is not at home at the time indicated by the Member, the Member will not be compensated for the delivery costs. The costs of any pickup will be added as credit to the Member's account. Any costs for re-delivering the Product will be charged to the Member.

For the cancellation of the Product reservation or the absence of the Renter at the agreed time, the following provisions apply:

Renters can generally not cancel their orders. Any exceptions to this can only be made in consultation with BIYU Customer Service.
If the product is reserved by the Renter and the Renter is not at home at the time indicated by the Renter, the Renter will not be compensated for the delivery costs. The costs of any pickup will be added as credit to the Renter's account. Any costs for re-delivering the Product will be charged to the Renter.

Return of Products

The Product must be returned in the same condition in which it was received. If this is not the case, the additional costs for cleaning and/or repair, along with a fine of €30 (thirty EURO), will be borne by the Member/Renter.
All risks related to items to be delivered by BIYU that have been purchased by the Member/Renter (e.g., consumables) are transferred to the Member/Renter at the time of delivery of those items. At that moment, ownership of those items also transfers to the Renter.
The Product is checked by BIYU upon return at a Hub. If the Product is collected by BIYU from the Member/Renter, no immediate check takes place; this check is done at the Hub from which the product was originally delivered. If the Member/Renter wishes to be present during this check, this must be requested by email when entering into the BIYU ACCESS Membership or BIYU Rental Agreement. An appointment can then be made for the time of the check (within 24 hours after return) at a Hub designated by BIYU.

Exchange

The BIYU ACCESS Membership and the BIYU Rental Agreement entitle you to free exchanges, provided that BIYU has a replacement product available. This includes free repair of wear and tear and defects that occur through normal use, and if repair is not possible, replacement of the product.
The right to free exchange only applies within the service area of the Hub where the product was originally rented.
BIYU aims to exchange the product within 24 hours after contact by the Member/Renter, by appointment. If the target time of 24 hours is not met, the Member/Renter is not entitled to compensation or reimbursement.
If an exchange request turns out to be unjustified, BIYU has the right to charge costs for picking up the product. This also applies if the Member/Renter fails to keep an agreed appointment.
During the exchange, the Product, including packaging, is transferred to BIYU.

Theft or Loss

In the event of loss or theft of the Product and/or a part thereof (e.g., the battery), the Member/Renter is obliged to report this to BIYU within 24 hours. After reporting, the Member/Renter then has 48 hours to file a report with the relevant authorities. This means that the Member/Renter has a total of 72 hours to file a report, calculated from the moment of noticing the theft of the Product. If the Member/Renter fails to file a report, the theft will be considered as embezzlement by the Member/Renter, and BIYU will take legal action.
In the case of loss or theft, the Member/Renter is subject to a deductible of 20% of the Fair Market Value of the Product, with a maximum of €500 (five hundred EURO). Under these circumstances, the Member/Renter is not eligible for a replacement Product from BIYU.
In addition, it is required that BIYU immediately receives the police report as soon as it is obtained by the Member/Renter.
If the Member/Renter fails to report, or does not report in a timely manner, the loss or theft of the Product, the Member/Renter is liable to BIYU for a deductible amounting to 100% of the Fair Market Value of the relevant Product. In addition, a fine of €200 (two hundred EURO) will be charged.
To prevent incidents such as loss, theft, and damage, the Products must always be handled carefully. The Product should, if possible, never be left unattended and should be stored in a dry, locked space after use. For Products where prior care is not possible, such as Products in the Mobility category, the Product must always be locked, left and/or stored carefully.
If the Products are treated carelessly by the Member/Renter and this leads to loss, theft, or vandalism, the Member/Renter is liable to BIYU for a fine amounting to 100% of the Fair Market Value of the relevant Product. In addition, a fine of €1,000 (one thousand EURO) will be charged.
If parts of the Product are stolen, BIYU reserves the right to charge this to the Member/Renter, up to the amount of the deductible as determined in clause 7.2. If parts of the Product are missing, the Member/Renter is obliged to pay the replacement costs. A price list of parts per type of Product and BIYU ACCESS Membership or BIYU Rental Agreement can be requested from BIYU.
When a lost or stolen Product is recovered, the paid deductible or fine may be reduced. BIYU determines the amount of this based on the condition of the Product and any other costs.
If it is established that the Member/Renter has provided incorrect or misleading information, resulting in a disadvantage for BIYU, BIYU reserves the right to charge, in addition to any other fines and costs, an additional fine of €1,000 (one thousand EURO) on the total costs of the rental agreement for the relevant Product.
When a Member/Renter fails to return a BIYU product within 24 hours of the agreed return time and does not contact BIYU about this, BIYU will consider this as embezzlement and will take legal action. In addition, a fine of €50 (fifty euro) per calendar day will be charged until the Product is actually returned to BIYU.
For lost Products, for which BIYU has already charged the Fair Market Value to the Member/Renter and which are subsequently found and returned by the Member/Renter, the Member/Renter remains liable for the rental price until the date of delivery. This amount will be deducted by BIYU from the Fair Market Value compensation to be returned to the Member/Renter.

Damage and Maintenance

The Member/Renter shall visually inspect the Product prior to its initial use. Should there be any defects, deficiencies, or other complaints, the Member/Renter must promptly contact BIYU. By using the Product, the parties agree that there are no apparent defects or deficiencies in the Product.
Damage to the Products caused by vandalism must be reported by the Member/Renter to BIYU within 24 hours. Failure by the Member/Renter to report, or to timely report, such vandalism will result in the Member/Renter being liable to BIYU for an excess amount equal to 20 percent of the Product's daily value, up to a maximum of €500.
BIYU reserves the right to inspect the condition of the Products. The Member/Renter is obligated to cooperate in facilitating inspections, modifications, and maintenance at BIYU's request.
If there is damage or wear and tear to a Product beyond what is expected from normal use, and which is not covered by our insurance, at BIYU's discretion, BIYU reserves the right to recover the costs from the Member/Renter. If an inspection reveals damage to the Products, the Member/Renter will be promptly informed. In this notification, a deadline will be set within which the damaged item will be made available to the Member/Renter for a counter-assessment. After this period, repairs or replacement will proceed, and all costs (and/or any deductible) will be billed to the Member/Renter. If the Member/Renter does not utilise the option for counter-assessment, the damage assessment by BIYU shall be binding.
The Member/Renter is required to report any insured damage to BIYU within 24 hours, providing a detailed description of the sequence, cause, and extent of the damage, the date of the incident, and the names and addresses of all parties involved.
In cases where the damage is caused by the (partial) fault of a third party, the Member/Renter is obligated to provide contact information for this third party and a mutually signed sketch of the situation to BIYU. BIYU will provide a damage report form upon the Member’s/Renter’s request. Failure to provide third-party contact information will result in the Member/Renter being charged for the damage.
Should there be any reference to technical, safety, quality, or other regulations in the BIYU ACCESS Membership or BIYU Rental Agreement or any related documentation (e.g., user manual) for a Product, the Member/Renter is assumed to be aware of and capable of complying with these regulations.
Any right to claim against BIYU in respect of damage will expire if:

the damage and/or defects have not been reported to BIYU within 24 hours and/or not in accordance with the prescribed procedure;
the Member/Renter does not provide adequate cooperation in an investigation conducted by BIYU into the validity of the complaints;
the Member/Renter has not properly installed, treated, operated, stored, or maintained the Products, or if the Products have been used or treated under unsuitable conditions;
the Member/Renter has made repairs and/or modifications to the Products without prior express written consent from BIYU;
the Product is used after discovery of the defects or its use is continued;
BIYU is not afforded the opportunity for counter-assessment.

In case of theft, loss, or total loss of the Product, the Member/Renter is obliged to compensate BIYU for the damage. If repair is still possible, the Member/Renter is required to cover the associated repair costs. The same applies to damage to and/or theft of parts and/or accessories of the Product. Additionally, the Member/Renter remains liable for any other damages suffered by BIYU as a result (e.g., but not limited to: expert fees, lost revenue, etc.).
Any assessment carried out by or on behalf of BIYU for determining damage, repair, or cleaning costs of the Product shall be directly charged to the Member/Renter. The Member/Renter agrees in advance that an assessment will be conducted at their expense, by a BIYU-approved accredited assessment agency, if deemed necessary by BIYU.
The Renter shall be held liable, irrespective of whether they are at fault for the damage, loss, theft, or rendering useless or worthless of the Product.

Know Your Customer (KYC)

For the first order of a Member/Renter, a verification process is carried out by Onfido on behalf of BIYU. This verification process includes a personal data check and an address verification (the so-called KYC = Know Your Customer). The Member/Renter is asked to take a picture of their identity document and upload it in the Onfido Flow on the BIYU Website or in the App. Onfido checks if the identity document is valid, and if so, the registration can be completed. The lack of proper identification documents will result in the Product not being delivered. We conduct this check to protect our legitimate business interests, such as preventing fraud and financial loss, and to comply with our legal obligations. If the verification indicates possible fraud, BIYU will report this to the police.
Moreover, the Member/Renter is required to provide proof of a private address no more than 3 months old (such as a water or energy bill, a letter from a government agency, or a bank statement) prior to the transfer of the Product. The Member/Renter is obliged to make these documents available when they wish to receive the Products.
For the rental of specific Products in the Mobility category, the verification is also done by Onfido and consists of the following elements: 1) address verification by uploading proof of private address as described in Article 9.2; 2) the verification of the identity document as described in Article 9.1; and 3) an additional identity verification, which is completed by performing a selfie validation (photo comparison). This process usually takes about 15 minutes, but can take up to 24 hours.

Payments

The Member/Renter is obliged to pay the subscription fee via direct debit or automatic withdrawal.
BIYU reserves the right to demand payment of additional charges, such as deductibles and fines, before delivering a new Product to the Member/Renter.
If subscription or other fees cannot be debited or are wrongly reversed, the Member/Renter is automatically in default. The Member/Renter will then receive a reminder to pay the outstanding amount within 14 days. If payment is not made within 14 days, BIYU may engage a debt collection agency. All additional administrative and extrajudicial collection costs will be borne by the Member/Renter.
If the Member/Renter fails to pay within the specified term, they are, without the need for a notice of default, in arrears. The Member/Renter then incurs an interest equal to the statutory interest plus 10% per annum, calculated on the unpaid amount. This interest is immediately due without further notice. All costs involved in the collection of invoiced amounts (including extrajudicial collection costs) are for the Member/Renter's account. The extrajudicial collection costs amount to a minimum of 15% of the principal sum, with a minimum of €350. The same applies if BIYU's collection efforts fail due to insufficient funds or any other reason attributable to the Member/Renter.
In any of the aforementioned cases, all BIYU's claims against the Member/Renter become immediately due in full. The Member/Renter is obliged to return the rented items immediately, and BIYU has the right, where permitted, to access the Member/Renter's premises to reclaim the items. All associated costs and damages incurred by BIYU will be charged to the Member/Renter.
BIYU reserves the right to collect outstanding amounts identified by Firmhouse and Mollie at any time.

BIYU Care

For products displaying the 'umbrella logo' next to them, BIYU provides insurance. Products without the umbrella logo are not insured.
The distinction between insured and uninsured products is further specified in the terms and conditions, stating whether the damage is 'covered/not covered by our insurer.'
For further questions about BIYU Care, please contact our customer service at [email protected].

Force Majeure

If BIYU is unable to fulfil any obligation towards the Member/Renter due to force majeure, the fulfilment of such obligations will be suspended for the duration of the force majeure, up to a maximum of two months. After these two months, both parties have the right to terminate the BIYU ACCESS Membership or BIYU Rental Agreement, either wholly or partially, in writing.
BIYU is not liable for any damages towards the Member/Renter if it has not been able to fulfil its obligations properly or in time due to force majeure.
Force majeure is defined as any circumstance beyond BIYU's control, making it unreasonable to expect BIYU to comply with the BIYU ACCESS Membership or BIYU Rental Agreement.

Liability

When the Member/Renter starts using a Product, it is considered proof that the product is functioning correctly and has no defects
If the Member/Renter doubts the safety of the Product, immediate contact should be made with BIYU customer service via [email protected].
The use of the Product by the Member/Renter is entirely at their own risk.
BIYU is not liable for any damage (including bodily harm) suffered by the Member/Renter resulting from the use of the Product, unless there is intent or gross negligence on the part of BIYU.
BIYU's liability for damages incurred by the Member/Renter, whether during the execution of the BIYU ACCESS Membership or BIYU Rental Agreement or otherwise, is limited to the reimbursement of direct damages up to the maximum amount covered by BIYU's relevant insurance. Direct damages include only material damage to property and/or people, reasonable costs incurred to prevent or limit direct damage, and reasonable costs incurred to establish the cause of the damage, the liability, the direct damage, and the method of repair.
The Member/Renter is responsible for timely reporting any defects and/or damage to the Product.
The Member/Renter indemnifies BIYU against claims from third parties, including government agencies, for recovery of damages that were or are being suffered due to defects in the delivered Products, including insufficient safety in terms of product liability regulations, and for recovery of damages, including fines, resulting from any (non-)action by the Member/Renter in fulfilling the BIYU ACCESS Membership or BIYU Rental Agreement.
The Member/Renter indemnifies BIYU against all claims from third parties if, due to their culpable behaviour, the Member/Renter causes damage to third parties and/or materials of third parties.
If the Member/Renter causes damage to a Product due to their culpable behaviour during the execution of the BIYU ACCESS Membership or BIYU Rental Agreement, BIYU is entitled to hold the Member/Renter liable for the damage.
The Member/Renter is obligated to grant BIYU access to the Product at all times, to reject third-party claims on the Product, and to indemnify BIYU against these. Subletting and making the Product available to third parties is not permitted under penalty of loss of insurance coverage and a fine to be determined by BIYU, but with a maximum of €2,000 (two thousand EURO). The Member/Renter is obligated to use the Product correctly and only in accordance with the provisions of this BIYU ACCESS Membership or BIYU Rental Agreement. Specifically, the Member/Renter is obligated, under penalty of a fine to be determined by BIYU but with a maximum of €2,000 (two thousand EURO), to:

Use the Product in accordance with the safety and operating instructions supplied with the Product or available on the Website and App;
Use the Product only for its intended purpose;
Reject third-party claims on the Product and indemnify BIYU against these;
Not make any changes to the Product;
Ensure the Product is not accessible to unauthorised persons;
Return the Product to BIYU in a clean and good condition at the end of the rental period;
Reimburse all charges, taxes, and fines resulting from the use of the Product by the Member/Renter or third parties.

Delivery and Own Risk:

The Product is considered to have been delivered and the risk thereof is considered to have been transferred to the Member/Renter:

Upon delivery at the Hub: at the moment of actual possession;
upon delivery at another location: at the moment the Member/Renter has received the Product.

The Member/Renter is responsible for being present at the agreed time of delivery to receive the Product. If no one is present during delivery, BIYU has the right to take the Product back.
The Member/Renter and/or other persons who operate the Product under the responsibility of the Member/Renter, must be familiar with the user instructions and/or (other) manuals attached to or included with the Product, and must act in accordance with these. The Member/Renter also ensures that all persons operating the Product are competent in this regard and possess any required (legal) diplomas, certificates, driver's licenses, etc. Failure to do so may result in loss of insurance coverage.
The Member/Renter commits to immediately paying all charges and fines resulting from the use of the Product by him or others.
If applicable, it is the responsibility and at the cost of the Member/Renter to ensure that he/she has the required permits and approvals in a timely manner before the delivery of the Product.
The Member/Renter will inspect the Product for externally visible defects at the time of receipt. The Product is considered to be delivered in good condition and in accordance with the BIYU ACCESS Membership or BIYU Rental Agreement, if not refused by the Member/Renter at the time of receipt.
Complaints from the Member/Renter regarding externally visible defects in the Product that are discovered during the inspection mentioned in 14.6 must be reported in writing to BIYU within 24 hours after delivery.
Defects that were not discovered at the time of the aforementioned inspection and could not have been discovered, must be reported to BIYU by the Member/Renter within 24 hours after discovery.
In the event of damage, the Member/Renter must report this to BIYU within 24 hours of its occurrence. This damage report must also indicate the estimated amount of the damage and provide BIYU with the opportunity to carry out a (counter/contradictory) expert assessment within a reasonable period. This reasonable period is at least 2 weeks, calculated from the date of receipt of the damage report by BIYU.

Changes:

BIYU reserves the right to change the costs of a BIYU ACCESS Membership. Changes will be announced by email to the Member at least two months before the effective date.
Changes to the General Terms and Conditions will be announced at least one month before the effective date through a notice on the Website to the Member/Renter.
Existing contracts will not be affected by such changes. These general terms and conditions were last modified in September 2023.
BIYU has the right at all times to transfer its claims on the Member/Renter, for whatever reason, to third parties.

Failure to Fulfill Obligations:

BIYU has the right to terminate or cancel the BIYU ACCESS Membership in whole or in part with immediate effect by means of an in-App notification, email or written notice to the Member, if: the Member is in default of fulfilling his obligations under the BIYU ACCESS Membership. The Member applies for (provisional) suspension of payment, or is granted (provisional) suspension of payment; the Member's bankruptcy is applied for, or he is declared bankrupt; the Member is placed under guardianship or is admitted to the debt restructuring scheme for natural persons; the Member uses the Products in violation of the provisions of the General Terms and Conditions (e.g. the terms of use); a seizure is levied on a Product or other goods of BIYU at the expense of the Member, and this adversely affects the fulfillment of his obligations under the BIYU ACCESS Membership; the Member, in the opinion of BIYU, abuses the services provided by BIYU; the Member intentionally provides false information to BIYU, or the Member is otherwise deemed to be no longer able to fulfill the obligations under the BIYU ACCESS Membership.
The Member has the right to terminate the BIYU ACCESS Membership immediately if BIYU repeatedly and/or seriously fails to fulfill its obligations as described in the General Terms and Conditions.

The Website and/or App may provide links to external websites. BIYU expressly states that it has no influence on the layout or content of the linked pages and expressly distances itself from all content of all linked pages from third parties. BIYU is not liable for the use or content of websites that have a link to this site or to which this site links. Our privacy and cookie notices do not apply to the collection and processing of your personal data on or by such external sites.

Intellectual Property

All brand names, logos, product names, and titles used on the Website are trademarks or trade names of BIYU or are trademarks or trade names of third parties. It is not allowed to use or reproduce such trademarks, logos, or trade names, as this may constitute an infringement of the rights of the holder.
The rights to the design of the Website, App, texts, documents, films, music, and/or other services, and the selection and arrangement thereof, and all software compilations, underlying source codes, software, and all other material on this Website and App are the property of BIYU or are licensed to BIYU and/or its suppliers and subcontractors.
You are only allowed to electronically copy and print parts of the Website and App to the extent necessary to place an order with us, or to use the Website as a shopping/rental source. You are not allowed to make any other use of the information and material on this Website and App, including reproduction for purposes other than those mentioned above, modification, distribution, or republication. If you wish to use materials or information from this Website, you need our prior written permission to do so.

Privacy

BIYU considers it important to protect personal data well. How BIYU does this is described in the Privacy Statement, which can be consulted via www.biyu.world/privacy. For questions or comments about this, you can contact [email protected].
By agreeing to the General Terms and Conditions, the Member/Renter also agrees that BIYU, as required, can share documents with data with specified third parties in the case of submitting a claim. The Member/Renter also understands that these parties may retain data that is part of the claim in data collections, to the extent necessary for proper insurance handling.
If BIYU processes personal data in connection with the performance of the Agreement within the meaning of the General Data Protection Regulation (GDPR), it guarantees to do so in accordance with applicable legislation, including the GDPR.
If BIYU processes personal data in connection with Know Your Customer (KYC) within the meaning of the General Data Protection Regulation (GDPR), it guarantees to do so in accordance with applicable legislation, including the GDPR.

Applicable Law: Disputes

Only Dutch law applies to the BIYU ACCESS Membership and the BIYU Rental Agreement and the General Terms and Conditions.
All disputes arising from or related to the BIYU Access Membership, the BIYU Rental Agreement and these General Terms and Conditions will be submitted exclusively to the competent court in Amsterdam.

Conversion

If a provision from these General Terms and Conditions is null, voidable, or unenforceable, a valid provision will automatically replace it, which corresponds as closely as possible to the intent of the void provision. Parties are obligated to consult with each other about the text of this new provision if necessary. In that case, the provisions in the General Terms and Conditions retain their validity as much as possible.

Our contact details are:

Amsterdam Hub: Overtoom 205, 1054 HT, Amsterdam

For any request or question regarding these terms, contact can be made with customer service.

Last updated: September 2023