Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR RENTAL OF CHRISTMAS DECORATIONS - CELEBRATABLE
General Terms and Conditions
1. Applicability
These general terms and conditions apply to every offer made by Celebratable (hereinafter referred to as the lessor) and to every distance rental agreement concluded and order placed between the lessee and the lessor.
2. Rental and payment
a. The rental price, any additional costs and payment terms are set out in the rental agreement.
b. Payment must be made before delivery, unless otherwise agreed.
3. Specifications and lessee's liability
a. The lessee is responsible for handling the rented Christmas decorations with due care.
b. No more than three items of Christmas decorations may be damaged per package of Christmas decorations.
c. If more than three items per package of Christmas decorations are damaged and/or missing, the costs of remanufacture or replacement shall be borne in full by the lessee, up to a maximum of €400 per package of Christmas decorations.
d. The lessee may not make any alterations to the rented Christmas decorations without the lessor's written consent.
4. Notification and evidence of damage
a. Damage to the rented Christmas decorations must be reported by email to info@celebratable.nl within 24 hours of delivery.
b. In the event of damage, the lessee must provide evidence in the form of clear photographs.
c. If damage is not reported in time and/or evidence of damage upon delivery cannot be provided, the package of rented Christmas decorations shall be deemed to have been delivered in the agreed condition and without damage.
d. The lessee is liable for damage from the time of delivery until the items are returned to the lessor, unless timely notification has been given in accordance with Articles 4(a) and 4(b).
5. Delivery and risk
a. The lessor shall deliver the rented package of Christmas decorations on the agreed date to the address provided by the lessee.
b. Someone must be present at the specified delivery address on the day of delivery to accept the goods.
c. If no one is present, the delivery will be made to the neighbours, and the risk of damage and/or loss shall thereby transfer from the lessor to the lessee.
d. If no one is present at the time of delivery and/or delivery to the neighbours is not possible, all transport costs will be charged to the lessee.
f. From the time of delivery, the risk of loss, theft or damage shall be borne entirely by the lessee.
6. Return and inspection
a. At the end of the rental period, the lessee must return or arrange for collection of the Christmas decorations, in the same condition, subject to normal wear and tear, at the agreed location and time.
b. The lessor reserves the right to inspect the rented goods.
c. The lessee will be charged for the repair or replacement of any damaged or missing rented Christmas decoration items.
d. If the lessee does not make the goods available to the lessor in a timely manner on the collection date agreed by the lessee and lessor, the lessor may charge an additional rental fee of €5 per day of delay beyond the agreed collection date.
7. Lessor's liability
The lessor shall not be liable for direct and/or indirect damage, including, but not limited to, consequential loss, loss of profits and/or reputational damage.
8. Privacy and data protection
The lessor complies with Dutch privacy legislation, including the General Data Protection Regulation (GDPR).
a. Personal data is processed solely for the performance of the rental agreement and related communications.
b. This data is treated confidentially and will not be shared with third parties without consent, unless required by law.
9. Force majeure
The lessor shall not be required to fulfil any obligation if prevented from doing so by force majeure, including, but not limited to, fire, natural disasters or other unforeseen circumstances.
a. In the event of force majeure, the lessor may suspend or terminate the agreement without any liability for damages.
b. If the force majeure situation continues for more than 14 days, either party shall have the right to terminate the agreement free of charge.
10. Cancellation and amendments
a. Cancellations by the lessee may incur charges, such as preparation or transport costs.
b. If cancelled within 7 days of the agreed delivery date, 50% of the rental fee will be charged, unless otherwise agreed.
c. Changes to the order may only be made in writing and with the consent of both parties.
11. Disputes and governing law
a. This agreement and any disputes arising from it shall be governed by Dutch law.
b. All disputes arising from or relating to this agreement shall be submitted exclusively to the Rotterdam District Court, unless mandatory statutory provisions provide otherwise.