General Terms and Conditions BIYU B.V.
1. In the General Terms and Conditions below, the following terms have the following meanings:
Renter: Any natural person or legal entity over the age of 18 who rents products from BIYU; Member: Any natural person or legal entity over the age of 18 who enters into a BIYU ACCESS Membership with BIYU; BIYU ACCESS Membership: The agreement between BIYU and Member for the use of products in the BIYU app and website, and also any other agreement between BIYU and Renter; BIYU ACCESS Membership Agreement: The agreement between BIYU and Member for the use of one or more specific products in the BIYU app and website, and also any other agreement between BIYU and Renter; BIYU Rental Agreement: The agreement between BIYU and Renter for the use of only one or more specific products in the BIYU app and website, and also any other agreement between BIYU and Renter; General Terms and Conditions: These BIYU General Terms and Conditions that apply to each BIYU ACCESS Membership and BIYU Rental Agreement on every commercial transaction or interaction; BIYU ID: The QR code on a product, for identification of that product. App: The BIYU App, available in the 'Apple App Store' or 'Google Play Store' Website(s): www.biyu.world, www.biyu.nl, and www.biyu.de Expiration Date: The date on which the BIYU ACCESS Membership ends due to termination by Member as set out in these conditions; Product(s): The items made available by BIYU to Member/Renter for use by Member/Renter in accordance with the General Terms and Conditions, based on the BIYU ACCESS Membership or BIYU Rental Agreement; Collect at service hub: The collection of products by a Member/Renter at a BIYU service hub location; Return at service hub: The return of products by a Member/Renter at a BIYU service hub location; Delivery: The delivery of a product and any 'consumables' to the address specified by Member/Renter by BIYU; Pick up: The collection of a product at the address specified by Member/Renter by BIYU; Ready: The product is prepared and set ready half an hour before the ride begins, i.e. half an hour before the specified time slot. Normal use: Reasonable normal use by Member/Renter; Day value: The new price of the product as of the date of damage/loss, minus depreciation costs or the number of hours the lost product was used.
2. Applicability:
2.1 These General Terms and Conditions apply to an ACCESS Membership or BIYU Rental Agreement. 2.2 Agreements between BIYU and Renter that deviate from, or supplement these General Terms and Conditions, are only valid if they are explicitly and in writing confirmed by BIYU. 2.3 All amounts mentioned by BIYU are inclusive of VAT.
3. BIYU Access Membership:
3.1 During the duration of the BIYU ACCESS Membership, the member will have access to the products explicitly displayed with the green BIYU logo in the app and on the website. 3.2 During the duration of the BIYU ACCESS Membership, the member will have access to the product selected in the app or on the website. 3.3 A maximum rental time per product is applicable to the BIYU ACCESS Membership. This time is indicated per product in the app and on the website. 3.4 The products are delivered with a matching packaging. 3.5 The BIYU ACCESS Membership entitles the member to free exchange. This means free repair of defects in the product caused by wear and tear and normal use of a product. Examples of such defects include a non-functioning battery or a non-functioning drive motor due to wear and tear. The right to exchange the product for free is valid within the city limits where BIYU is active and where the member has registered. 3.6 The products may be equipped with a BIYU ID. If the BIYU ID is damaged or the BIYU ID has completely disappeared from the product, the member/renter must immediately contact BIYU. 3.7 BIYU reserves the right to track and monitor the products at all times. 3.8 On the first order of the member, a personal data check and an address check (the so-called KYC = Know Your Customer) will be carried out. Our payment service provider (i.e. Firmhouse or Mollie) will use your name and bank account information/credit card information for this. We carry out this check to protect our legitimate business interests to prevent fraud and financial loss, or to comply with our legal obligations. 3.9 BIYU reserves the right to unilaterally terminate the BIYU ACCESS Membership at any time without giving any reason.
4. BIYU Rental Agreement:
4.1 During the duration of the BIYU Rental Agreement, the renter will have access to the products in the app and on the website. 4.2 During the duration of the BIYU Rental Agreement, the renter will have access to the product selected in the app or on the website. 4.3 A maximum rental time per product is applicable to the BIYU Rental Agreement. This time is indicated per product in the app and on the website. 4.4 The products are delivered with a matching packaging. 4.5 The BIYU Rental Agreement entitles the renter to free exchange. This means free repair of defects in the product caused by wear and tear and normal use of a product. Examples of such defects include a non-functioning battery or a non-functioning drive motor due to wear and tear. The right to exchange the product for free is valid within the city limits where BIYU is active and where the renter has registered. 4.6 The products may be equipped with a BIYU ID. If the BIYU ID is damaged or the BIYU ID has completely disappeared from the product, the renter must immediately contact BIYU. 4.7 BIYU reserves the right to track and monitor the Products at all times. 4.8 During the first order of the Renter, a personal data check and an address check (so-called KYC = Know Your Customer) will be carried out. Our payment service provider (to be specified: Firmhouse or Mollie) will use your name and bank account information/credit card information for this. We carry out this check to protect our legitimate business interests to prevent fraud and financial loss or to comply with our legal obligations.
5. Terms and Conditions:
5.1 Member/Renter makes Normal use of the Products and takes care of the Products as a good householder. 5.2 The Products are exclusively intended for personal use by Member/Renter. It is not allowed for Member/Renter to lend the Products to third parties. In case of a violation of this prohibition, Member/Renter is obliged to pay BIYU a fine of an amount as stated in Table 1. The amount of this fine will be determined by BIYU. Imposing the fine does not prejudice any other rights of BIYU such as claiming compensation or termination of the Subscription, in accordance with chapter 14 of the General Terms and Conditions. 5.3 Member must have a SEPA bank account number. 5.4 The Products remain the property of BIYU and/or the product partners of BIYU at all times. It is not allowed for Member/Renter to establish or grant any (security) right to a Product for the benefit of a third party. 5.5 Retention of title and security: The rented Products remain the property of BIYU at all times, regardless of the duration of the BIYU ACCESS Membership and BIYU Rental Agreement. If Member/Renter intentionally appropriates the Product, there is embezzlement. The BIYU ACCESS Membership and BIYU Rental Agreement is not extended by not timely returning the Product, although the risk remains fully with Member/Renter. 5.6 Member/Renter is not entitled to alienate, pledge or otherwise encumber the Products for the benefit of third parties, unless with written permission from BIYU. Please reach out to [email protected] for any such request. 5.7 Member/Renter is personally responsible for compliance with the General Terms and Conditions. 5.8 Member/Renter is responsible for timely reporting of changes in the information known to BIYU, such as a new address or bank account number. 5.9 Member/Renter may not make changes to the Products that cannot be removed without damaging the Products. Member/Renter is also not allowed to manipulate the internal electronics or software of the Products in any way. 5.10 Member/Renter must be 18 years of age or older and competent to enter into a BIYU ACCESS Membership or BIYU Rental Agreement. Minors can only enter into a BIYU ACCESS Membership or BIYU Rental Agreement with the permission of a parent or guardian. 5.11 A digital verification process for the correct identification documents is part of the registration process when delivering the Product. The absence of the correct identification documents results in the Product not being delivered. If verification reveals that there may be fraud, BIYU will report this to the police. 5.12 BIYU is entitled to request an identity document (driving license/passport/identity card) during the transfer of the product. Member/Renter is obliged to make an identity document available during delivery. 5.13 Member/Renter is assumed to not use the Products in an asbestos environment or to come into contact with asbestos. BIYU will not accept the return of Products that have been used in such an environment, or where there is a suspicion that they have been contaminated with asbestos, and is entitled in that case to charge the Daily Value of the Products to Member/Renter. In addition, BIYU is entitled to claim all other direct and/or indirect damages from Member/Renter.
6. Exchanging:
6.1 BIYU aims to exchange a Product within 24 hours after Member/Renter has contacted BIYU via email or the App. Exchanging takes place by appointment with Member/Renter. 6.2 If this target time is not met, Member/Renter cannot claim any compensation or reimbursement. 6.3 Exchanging only takes place in the case of a defect, loss or theft of the Product and only within the 'service area' within which BIYU is active. 6.4 When Member/Renter requests an exchange inappropriately (an 'Inappropriate exchange'), BIYU has the right to charge for travel costs (see Table 1). When Member/Renter does not appear at a scheduled appointment to exchange, this is also considered an Inappropriate exchange. 6.5 When BIYU exchanges a Product, the Product including packaging is handed over by Member/Renter to BIYU.
7. Duration, BIYU ACCESS Membership, and Termination:
7.1 The duration of a BIYU ACCESS Membership (“BIYU ACCESS Membership Period”) is for a specified time, unless otherwise agreed upon by BIYU and the Member. One-time administrative fees or enrollment fees may be charged to the Member. Delivery and pick-up fees are charged for (up to one attempt) delivery to the Member or pick-up from the Member; these delivery and pick-up fees are not included in the BIYU ACCESS Membership fees. The delivery and pick-up fees are listed on the Website and clearly indicated before the rental. 7.2 The rental prices are described in BIYU's price list and can be found on the website and app. If a one-month BIYU ACCESS Membership (BIYU ACCESS Flex) is chosen, the duration of the BIYU ACCESS Membership is one month calculated from the date agreed upon during the enrollment procedure. At the end of this period, the BIYU ACCESS Membership will be automatically extended for a period of one month, unless the BIYU ACCESS Membership is terminated in accordance with the provisions of the General Terms and Conditions. The Member has the right to terminate at any time, subject to a notice period of one month, to the last day of the following calendar month. 7.3 After termination, the Member has the right to use the Products and the obligation to pay the BIYU ACCESS Membership fees until the End Date. If terminated within the first 14 days, within the so-called cooling-off period, the BIYU ACCESS Membership will be terminated retroactively by law - and the fully paid amount will be refunded within 21 days. The cooling-off period only applies if BIYU has not been used. If the Member terminates during the cooling-off period but has a future order, after the cooling-off period has expired, that order will automatically become void. 7.4 The Products, packaging, and (any) parts (e.g. battery) must be returned to BIYU by the Member/Renter by the End Date. 7.5 When the Product is returned to BIYU by the Member before the End Date, all rights of the Member under the BIYU ACCESS Membership will end, without prejudice to the Member's obligation to pay the full BIYU ACCESS Membership fees until the End Date. 7.6 Before the Product has been returned to BIYU, the Member can at any time undo the termination and reactivate the BIYU ACCESS Membership by sending an email to BIYU Customer Service: [email protected]. 7.7 When the Product has not been returned to BIYU by the Member by the End Date, the Member is liable for a fine in the amount specified in Table 1 per day until the Product is finally transferred to BIYU or the BIYU ACCESS Membership is reactivated, which must take place no later than seven days. In the latter case, the Member remains obliged to pay the fine until the BIYU ACCESS Membership is reactivated. 7.8 Rental Period within BIYU ACCESS Membership and BIYU Rental Agreement: The rental period begins upon delivery of the Product to the Member/Renter or when the Product is collected by the Member/Renter at a service hub (after the Member/Renter scans the QR code on the product). The rental period ends on the agreed-upon date (when the Product is reserved) or earlier if returned by the Member/Renter or collected by BIYU. The costs for the Product will not be reduced in that case. 7.9 Cancellation of reservation or not being home on the agreed-upon time by Renter: 7.9.1 Renters are generally unable to cancel their orders. Any exceptions to this must be agreed upon with BIYU Customer Service. 7.9.2 If the product is reserved by the Renter and the Renter is not at home on the time specified by the Renter, the Renter will not be compensated for the delivery costs. The costs for eventual collection will be added as credit to the Renter's account. 7.10 Upon cancelling the reservation or if Member is not at home at the agreed time, the following rules apply: 7.10.1 Members can cancel their order free of charge until the order is ready for shipping: 7.10.2 If the product is reserved by Member but the Member cancels the reservation before the product is ready for shipping, any costs for renting the product and delivery costs (and eventual collection costs) will be added as credit to the Member's account. 7.10.3 If the product is reserved by the Member and the Member cancels the reservation after the product is ready for shipping and/or the product is already on its way, the Member will not be compensated for delivery costs. The costs for collection will be added as credit to the Member's account. 7.10.4 If the product is reserved by Member and the Member is not at home on the time specified by the Member, the Renter will not be compensated for the delivery costs. The costs for eventual collection will be added as credit to the Member's account.
8. Theft or loss:
8.1 In case of theft or loss of the Product and/or a part of a product (e.g. the battery), the Member/Renter is obligated to report this to BIYU within 24 hours and file a report with the police together with a BIYU employee. In this case, the Member/Renter is liable for an excess fee. The applicable excess fee for BIYU ACCESS Membership and BIYU Rental Agreement can be found in Table 1. The Renter has no right to receive a replacement product from BIYU. If the Member/Renter fails to file a report, the theft will be considered embezzlement. 8.2 If the Member/Renter does not report the theft or loss of the Product, or does not do so in a timely manner, the Member/Renter is obligated to pay BIYU the excess fee as established in Table 1. 8.3 To prevent incidents such as loss, theft, and damage, the Products must always be handled with care. The Product must never be left unattended and must always be stored in a dry, secure location after use until it is returned to BIYU. 8.4 If the Products are not handled with care and an incident occurs, including vandalism, loss, or theft, the Member/Renter is liable to pay a negligence fee (Table 1). 8.5 If a lost or stolen Product is recovered within the term of the BIYU ACCESS Membership, the Member is entitled to a credit for the maximum amount of the paid excess. BIYU will determine the amount of this credit based on the condition of the Product and any other costs. 8.6 If it is found that the Member/Renter has provided false information to the disadvantage of BIYU, BIYU has the right to charge a dishonesty fee (Table 1). This fee is in addition to the excess and any negligence fee. 8.7 If parts of the Product are missing or stolen, BIYU has the right to charge Member/Renter the full amount of the missing or stolen part. A price list of parts per product type and BIYU ACCESS Membership or BIYU Rental agreement can be requested from BIYU.
9. Damage and Maintenance:
9.1 The Member/Renter must visually inspect the Product before use. If there are any defects, deficiencies, or other complaints, the Member/Renter must immediately contact BIYU. By taking possession of the Product, the absence of any visible defects is agreed upon by the parties. 9.2 Damage to the Products caused by vandalism must be reported by the Member/Renter to BIYU within 24 hours. 9.3 BIYU has the right to inspect the Products to determine their condition. The Member/Renter must cooperate with BIYU by allowing (at BIYU's request) inspections, modifications, and maintenance. 9.4 If there is damage and wear and tear to a Product other than what is to be expected from Normal use, as assessed by BIYU, BIYU reserves the right to recover the costs from the Member/Renter. If damage to the Products is detected during an inspection, the Member/Renter will be informed as soon as possible. A deadline will be set in this damage report within which the damaged item will be available to the Member/Renter for (counter-) expert assessment. After this deadline has passed, repair or replacement will be carried out and all costs (and/or the excess) will be charged to the Member/Renter. If the Member/Renter does not make use of the opportunity for counter-/expert assessment, the damage assessment by BIYU is binding 9.5 If there is damage caused by (partial) fault of a third party, the Member/Renter is obliged to provide BIYU with the contact details of this third party and a situation sketch signed by both parties. At the request of the Member/Renter, BIYU will provide a damage form. If no contact details of the third party are provided, the damage will be charged to the Member/Renter. 9.6 If technical, safety, quality and/or other regulations are referred to in the BIYU ACCESS Membership or BIYU Rental Agreement and/or in the information related to it (e.g. a manual), the Member/Renter is assumed to know and be able to apply these. 9.7 Any claim by the Member/Renter against BIYU relating to damage lapses if: a. the damage and/or defects are not reported to BIYU within 24 hours and/or not in the manner indicated; b. the Member/Renter does not provide sufficient cooperation to BIYU for an investigation into the validity of the complaints; c. the Member/Renter has not set up, treated, used, stored or maintained the Products properly or has used or treated the Products under conditions that are unsuitable for the products; d. the Member/Renter has carried out or caused repairs and/or modifications to the Products without prior, explicit and written permission from BIYU; e. the Product is taken into use after discovery of the defects or if use of the Product is continued after discovery and BIYU has not been offered the opportunity for (counter-) expert assessment. 9.8 If the Product is not handed over to BIYU within seven days after the End Date and the BIYU ACCESS Membership is not reactivated, BIYU will report theft by the Renter. Furthermore, in that case, the Renter is obliged to compensate BIYU for the damage suffered, which is established per BIYU ACCESS Membership or BIYU Rental Agreement and can be found in Table 1, without prejudice to BIYU's right to claim full compensation for the damage suffered, to the extent that it exceeds the amount of the established compensation amount, depending on the type of BIYU ACCESS Membership or BIYU Rental Agreement. 9.9 In the event of theft, loss or (economic) total loss of the Product, the Renter is obliged to compensate BIYU for the damage at the value specified in Table 1. In case repair is still possible, the Renter is obliged to compensate for the repair costs involved. The same applies to damage to and/or theft of parts and/or accessories of the Product. In addition, the Renter remains liable for all other damage suffered by BIYU (such as, but not limited to: expert costs, loss of turnover and/or profit, etc.). 9.10 In the case of missing items, for which the Daily Value has already been charged to the Renter by BIYU, and which are later found and returned by the Renter, the Renter is liable for the rental fee until the delivery date. This will be offset by BIYU against the compensation for the daily value to be returned to the Renter. 9.11 The expert report made by or on behalf of BIYU for the purpose of determining damage, repair and/or cleaning costs to the Product is directly for the account of the Renter. The Renter declares in advance to agree that an expertise will be performed at the expense of the Renter, by an expert bureau designated by BIYU, if this is deemed desirable by BIYU. 9.12 The Renter is held liable, regardless of whether the Renter is at fault for the damage, loss, theft, or making the Product unusable or worthless.
10. Payments:
10.1 The Renter is required to pay the subscription fee through direct debit/automatic collection. 10.2 In case of additional costs such as the deductible and surcharges, BIYU is entitled to demand payment thereof first before delivering a new Product to the Renter. 10.3 If the subscription or other costs cannot be debited or are improperly cancelled, the Renter is in default by operation of law. The Renter will then receive a reminder to pay the outstanding amount within fourteen days. If the amount due is not paid within fourteen days, BIYU may engage a collection agency. All extra administrative costs and out-of-court collection costs are for the account of the Renter. 10.4 If the Member/Renter does not pay within the specified time period, they are in default without the requirement of a notice of default. In that case, the Member/Renter will incur interest equal to the legal interest rate plus 10% per year, calculated on the unpaid amount, from the due date until the day of full payment. This interest is immediately and can be claimed without further notice. All costs associated with collecting invoiced amounts (including extrajudicial collection costs) are at the expense of the Member/Renter. The extrajudicial collection costs are listed in Table 1. The same applies in case of collection by BIYU failing due to an insufficient balance or any other hindrance from the Member/Renter or from their risk. 10.5 In all cases mentioned in 10.3 and 10.4, all claims of BIYU against the Member/Renter are immediately and fully collectible, the Member/Renter is obliged to immediately return the rented goods, and BIYU has the right to access and enter the Member/Renter's premises and grounds to take possession of the relevant goods, to the extent permitted. All costs and damages incurred by BIYU are at the expense of the Member/Renter. 10.6 BIYU reserves the right to collect any outstanding amounts identified by Firmhouse/Mollie at any time.
11. Returning Products:
11.1 The product must be returned in the same condition as it was received. If this is not the case, the extra costs for cleaning/repairing, plus an administrative fee (see Table 1), will be at the expense of the Member/Renter. 11.2 All risks regarding goods delivered by BIYU that are purchased by the Member/Renter (e.g. consumables such as screws, plugs, sandpaper) shall be transferred to the Member/Renter at the moment of delivery of those goods. At that moment, ownership of those goods will also be transferred to the Renter. 11.3 Upon returning, the product will be immediately checked by BIYU at a BIYU service hub. If BIYU picks up the product from the Member/Renter, there will not be such a check, the check takes place at the service hub from which the product was delivered. If the Member/Renter wants to be present during the check, this must be requested by email when entering into the BIYU ACCESS Membership or BIYU Rental Agreement so that an appointment can be made for the time of the check (within 24 hours of return) at a location specified by BIYU.
12. Force Majeure:
12.1 If, due to force majeure, BIYU cannot fulfil any obligation towards the Member/Renter, compliance with this will be suspended for the duration of the force majeure condition, with a maximum of two months. After these two months, both parties have the right to dissolve the BIYU ACCESS Membership or BIYU Rental Agreement in writing, either in full or in part. 12.2 BIYU is not liable to any compensation to the Member/Renter if it cannot, properly or timely fulfil its obligations due to force majeure. 12.3 Under force majeure shall be understood any circumstance outside the control of BIYU that is of such a nature that compliance with the BIYU ACCESS Membership or BIYU Rental Agreement cannot reasonably be demanded of BIYU.
13. Liability:
13.1 If the Member/Renter takes possession of a product, this will be taken as proof that it is functioning properly and does not exhibit any defects. 13.2 If the Member/Renter has doubts about the safety of the product, he or she should immediately contact BIYU customer service via [email protected]. 13.3 The use of the product by the Member/Renter is completely at the Member/Renter's own risk. 13.4 BIYU is not liable for any (injury) damage suffered by the Member/Renter as a result of using the product, unless there is intent or gross negligence on the part of BIYU. 13.5 The liability of BIYU for damage resulting from the execution of the BIYU ACCESS Membership or BIYU Rental Agreement, or otherwise as a result of BIYU's actions on the side of the Member/Renter, is limited to compensation for direct damage up to a maximum amount that would be paid out under BIYU's relevant insurance policy. Direct damage shall exclusively refer to material damage to things and/or persons, reasonable costs incurred to prevent or limit direct damage, and reasonable costs incurred to determine the cause of damage, liability, direct damage, and method of repair. 13.6 The Member/Renter is responsible for promptly reporting any defects and/or damages to the Product. 13.7 The Member/Renter indemnifies BIYU against claims from third parties, including government entities, for recovery of damages suffered as a result of deficiencies in the delivered Products, including but not limited to defective safety in the sense of product liability regulation, and for recovery of damages, including fines, resulting from any (non) action of the Member/Renter in the performance of the BIYU ACCESS Membership or BIYU Rental Agreement. 13.8 The Member/Renter indemnifies BIYU against all claims from third parties in the event that damage is caused to third parties and/or third-party materials due to the Member/Renter's culpable behavior. 13.9 If the Member/Renter, through his culpable behavior, causes damage to a Product in the performance of the BIYU ACCESS Membership or BIYU Rental Agreement, BIYU is entitled to hold the Member/Renter liable for the damage. 13.10 The Member/Renter is obligated to always provide BIYU with access to the Product, to reject claims from third parties on the Product and to indemnify BIYU for this. Sub-renting and making it available to third parties is not allowed, on penalty of loss of insurance coverage and costs as stated in Table 1. 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. In particular, the Renter is obligated to: 13.10.1 handle the Product in accordance with the safety and operating instructions handed over at delivery; 13.10.2 use the Product only for the purposes for which it is intended; 13.10.3 reject claims from third parties on the Product and indemnify BIYU B.V against them; 13.10.4 not make any changes to the Product; ensure that the Product is not accessible to unauthorized persons; 13.10.5 return the Product to BIYU B.V clean and in good condition after the rental period; 13.10.6 reimburse all costs, taxes and fines arising from the use of the Product by the Member/Renter or third parties.
14. Delivery and own risk:
14.1 The Product is deemed to have been delivered and the risk thereof is deemed to have been transferred to the Member/Renter: 14.1.1 At delivery of the Product; 14.1.2 At the start of the rental period, in case of a BIYU Rental Agreement. 14.2 The Member/Renter is responsible for insuring the Product against all risks from the moment of delivery or the start of the rental period, as referred to in clause 14.1. 14.3 The Member/Renter and/or other individuals operating the Product under the responsibility of the Member/Renter must be familiar with the user instructions and/or other manuals present/attached to the Product and act accordingly. The Member/Renter also assumes responsibility for ensuring that all individuals operating the Product are competent in terms of such operation and have any legally required certificates, licenses, driver's licenses, etc. The foregoing applies on pain of forfeiture of insurance coverage. 14.4 The Member/Renter is obligated to promptly pay all charges and fines arising from the use of the Product by him or third parties. 14.5 If applicable, the Member/Renter must, at her own responsibility and expense, ensure that she has the necessary permits and approvals before the delivery of the Product. 14.6 The Member/Renter shall inspect the Product for visible defects at the time of delivery. The Product shall be deemed to have been delivered in good condition and in accordance with the BIYU ACCESS Membership or BIYU Rental Agreement if delivery by the Member/Renter is not refused during the time of delivery. 14.7 Complaints from the Member/Renter regarding 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. 14.8 Defects that were not discovered at the time of the aforementioned inspection and should have been discovered must be reported to BIYU by the Member/Renter within 48 hours of discovery. 14.9 In case of damage, the Member/Renter must report it to BIYU within 48 hours of its occurrence. In this damage report, the estimated amount of damage will also be indicated and BIYU will be given the opportunity to carry out a (counter-)expertise within a reasonable period of time. The aforementioned reasonable period of time is at least 2 weeks from the date of receipt of the damage report by BIYU.
15. Change:
15.1 BIYU reserves the right to change the cost of a BIYU ACCESS Membership. Changes will be announced by email to the Member at least two months before the effective date. 15.2 Changes to the General Terms and Conditions will be announced by means of a notification on the Website to the Member/Renter at least one month before the effective date. 15.3 BIYU is entitled to transfer its claims against Member/Renter for any reason whatsoever to third parties at any time.
16. Non-compliance with obligations:
16.1 BIYU has the right to fully or partially terminate or terminate the BIYU ACCESS Membership immediately by means of an in-app notification, email or written communication to Member if: Member is in default with his obligations under the BIYU ACCESS Membership; Member (provisionally) requests suspension of payment or is granted (provisional) suspension of payment; the bankruptcy of Member is requested or he is declared bankrupt; Member is placed under guardianship or is admitted to the natural persons debt restructuring scheme; Member uses the Products in violation of the provisions of the General Terms and Conditions (e.g. usage conditions); a lien is imposed on a Product or other goods of BIYU at the expense of Member and this adversely affects the fulfilment of his obligations under the BIYU ACCESS Membership; Member, in the opinion of BIYU, abuses the service offered by BIYU; Member deliberately provides false information to BIYU, or Member should otherwise no longer be considered capable of fulfilling the obligations under the BIYU ACCESS Membership. 16.2 Member has the right to immediately terminate the BIYU ACCESS Membership if BIYU repeatedly and/or seriously fails to comply with its obligations as described in the General Terms and Conditions.
17. Usage conditions of the Website and App: Exclusion of liability for external links:
17.1 The Website and/or App may offer links to external websites. BIYU hereby explicitly states that it has no influence on the design or content of the linked pages and explicitly distances itself from all content of all linked pages of third parties. BIYU is not liable for the use or content of websites that have a link to this site or that link to this site. Our privacy and cookie notice are not applicable to the collection and processing of your personal data on or by such external sites.
18. Intellectual Property:
18.1 All trademarks, logos, product names and titles used on the Website are trademarks or trade names of BIYU B.V. or trademarks or trade names of third parties. It is not allowed to use or reproduce such trademarks, logos or trade names as this may mean an infringement of the rights of the owner. 18.2 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 owned by BIYU or licensed to BIYU and/or its suppliers and subcontractors. 18.3 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 other purposes than the above-mentioned, modification, distribution or republication. If you wish to use materials or information from this website, you need our prior written permission to do so.
19. Privacy:
19.1 BIYU considers it important to properly protect personal data. How BIYU does this is described in the Privacy Statement. This can be consulted via www.biyu.world/privacy. For questions or comments, you can contact us via [email protected]. 19.2 If BIYU processes personal data in connection with the performance of the Agreement in the sense of the General Data Protection Regulation (GDPR), it guarantees that it will do so in accordance with the applicable legislation (including the GDPR).
20. Governing Law: Disputes:
20.1 The Membership and these General Terms and Conditions shall be governed exclusively by Dutch law. 20.2 All disputes arising from or in connection with the Membership shall be exclusively submitted to the competent court in Amsterdam.
21. Conversion:
If a provision of these General Terms and Conditions is null and void, unenforceable or non-binding, a valid provision shall automatically (by operation of law) take its place that corresponds as closely as possible to the purpose of the invalid provision. The parties are obliged to engage in reasonable consultation with each other regarding the text of this new provision if necessary. In that case, the provisions of the General Terms and Conditions shall remain valid to the fullest extent possible.
CHANGES
If BIYU decides to change these General Terms and Conditions, we will place the amended provisions and conditions on the Website and App. You are advised to check regularly if these have been changed.
Existing contracts will not be affected by such changes. These terms and conditions were last amended in February 2023.
Questions: Any questions can be answered by our customer service at [email protected].
Our contact information is:
Amsterdam Hub: Overtoom 205, 1054 HT, Amsterdam
For any requests regarding these terms and conditions, please send an email to:[email protected].
[email protected] Latest update: February 2023
TABEL 1
Details | Costs and/or fines |
1. Product not returned on time | € 25,- (Twenty-five EURO) per day for the first 7 days; thereafter considered as theft |
2. Product not returned clean | Cleaning costs plus administrative cost of € 30,- (Thirty EURO) will be charged to the Renter |
3. Product loaned to third parties | Product loaned to third parties Maximum fine of € 2,000,- (Two thousand EURO) |
4. Theft (without own negligence) | Own risk of 20% on the product's daily value with a maximum of € 500,- (Five hundred EURO) |
5. Theft (with own negligence) | 100% of the product's daily value + fine of € 200,- (Two hundred EURO) |
6. Fraud and carelessness surcharge | Fraud and carelessness surcharge € 1,000,- (One thousand EURO) in addition to other fines and costs |
7. Unauthorized exchange | € 20,- (Twenty EURO) cost for unauthorized exchange |
8. Debt collection | Extrajudicial debt collection costs amount to at least 15% of the principal sum, with a minimum of € 350,- (Three hundred fifty EURO) |