Terms and agreements

1.1. General Terms and Conditions: means the current general terms and conditions.

1.2. The Lessor: means EXPAT PREMIUM RENTAL, a private limited company under Belgian law with its registered office at Rijsmortelstraat 22, 3360 BIERBEEK and registered with the CBE under number 0803.935.703.

1.3. The Lessee: means any natural person and/or legal entity entering into an agreement with the Lessor as set out in Article 1.7 of these General Terms and Conditions.

1.4. Party: means the Lessor and/or the Lessee, or both together.

1.5. Consumer: means any Lessee qualifying as a consumer in accordance with the definition in Article I.1.2° WER [Economic Law Code].

1.6. Producer: means any natural and/or legal person qualifying as a producer in accordance with the definition in Article 3 of the Law on Product Liability.

1.7. Agreement: means any agreement entered into between the Lessor and the Lessee concerning the rental of the Goods, as well as any other agreement.

1.8. Goods: means all baby equipment and children’s equipment leased by the Lessor to the Lessee.

2.1. These General Terms and Conditions apply to all Agreements entered into between the Lessee and the Lessor, unless otherwise agreed in writing.

2.2. Any other general terms and conditions applicable concurrently with these General Terms and Conditions are expressly excluded. This is because these General Terms and Conditions take precedence.

2.3. The invalidity, nullity or unenforceability of one or more provisions of these General Terms and Conditions will not affect the other provisions thereof.

2.4. The Lessee expressly acknowledges having been informed of these General Terms and Conditions before being bound by any Agreement with the Lessor.

​​​​​​​3.1. All advertising, product specifications, price indications and other information mentioned on the website, in catalogs, or by any other means of communication are not binding on the Lessor and may be changed at any time without prior notice.

3.2. All quotations are prepared by the Lessor on the basis of the Goods available at the time and are without obligation at all times. The aforementioned quotations do not bind the Lessor in any way.

3.3. All quotations from the Lessor should be considered as invitations to the potential Lessee to make an offer. They bind neither the Lessee nor the Lessor, unless expressly agreed otherwise in writing in the quotation. Any written confirmation of the quotation by the potential Lessee should be regarded as an offer to contract. The price indications included in the quotation are only binding (and the agreement between the Parties is only concluded) after written acceptance of the offer by the Lessor.

3.4. Taking into account the limited stock of Goods held by the Lessor, quotations will only be valid for a period of 7 days, unless otherwise agreed in writing. If the potential Lessee does not proceed with written confirmation of the offer (making an offer), it will have to request a new quotation from the Lessor.

​​​​4.1. Pursuant to the arrangement set out in Article 3 of these General Terms and Conditions, the Lessee expressly acknowledges that prior to the conclusion of any Agreement with the Lessor, it was always clearly and expressly informed of the rental price of the Goods.

4.2. The rental prices offered by the Lessor (whether in the quotation, on the website, or through any other means of communication) are always dependent on the rental period chosen, as defined in Article 9.1.

4.3. Any additional costs to be borne by the Lessor pursuant to the performance of the Agreement with the Lessee may always be passed on to the Lessee. Before proceeding to incur the aforementioned costs, the Lessor will always notify the Lessee of this in writing. Any additional costs may include, but are not limited to, the following:

           - Transport costs, as described in Article 6 of these General Terms and Conditions

           - Parking fees.

4.4. All prices included in the quotation, on the website, and through any other means of communication, are always inclusive of VAT.

5.1. Unless otherwise agreed, the Goods will always be delivered and collected by the Lessor at the beginning (at the earliest 10 working days after the inception of the Agreement) and the end of the Agreement respectively. Transport costs will be charged separately.

5.2. Unless otherwise agreed in writing between the Parties, the Lessor will deliver exclusively within the territory of Belgium.

5.3. The aforementioned transport costs are set at a standard rate of EUR 19.95, regardless of the location and/or place of delivery. The aforementioned amount will always be communicated to the Lessee in advance. The Lessee is obliged to pay the aforementioned transport costs in advance when checking out in the web store, otherwise the order cannot proceed.

5.4. In the event that the Goods are to be delivered by the Lessor to a higher floor than the floor located at street level, the Lessee shall provide access for delivery. The Lessee expressly authorizes the Lessor to use the building’s internal elevator, if any, when making delivery.​​​​​​​

​​​​​6.1. The Lessee shall always inspect the Goods thoroughly at the time of delivery. Any defects in the Goods and/or other remarks by the Lessee must be conveyed to the Lessor immediately (and at the latest 24 hours after delivery), failing which the Lessee accepts the compliant delivery of the Goods. The commissioning of the Goods is also considered as acceptance.

6.2. The Lessor is not liable for any damage caused by a defect in the Goods, whether on the part of the Lessee or a third party. In the aforementioned case, the Lessee and/or the third party shall contact the Producer of the Goods. If necessary, however, the Lessor undertakes to assist the Lessee to the extent possible in their claim against the Producer by, among other things, providing the (contact) details of the Producer, etc.

6.3. However, the Lessor will inspect the Goods on a regular basis for the purpose of identifying any defects and/or damage.

6.4. As a consequence of the use of the Goods by children, the Renter acknowledges the need for he/she/it or another adult person to exercise proper supervision during use. The Lessor cannot be held liable for any damage and/or accidents that have occurred due to lack of supervision in the use of the Goods.

6.5. The Lessee is always solely liable for all charges and/or penalties resulting from the (incorrect) use of the leased Goods by he/she/it, or by third parties.

6.6. Misuse of the materials due to carelessness, ignorance, and/or any other reason is always the responsibility of the Lessee. Any expenses arising from the damage caused by this will always be recovered from the Lessee.

​​​7.1. The Lessor will provide the Lessee with an invoice for payment of the total rental price due, which is calculated by multiplying the monthly rental prices by the total number of months for which the Agreement was concluded. Unless otherwise agreed in writing between the Parties, the Lessee undertakes to pay the aforementioned invoice at all times within 14 days from the invoice date.

7.2. Where the Lessee is a Consumer, the total rental price due, which is calculated by multiplying the monthly rental prices by the total number of months for which the Agreement was concluded, must be paid via the web store at the latest by the start of the rental period. The Lessor reserves the right to suspend the performance of the Agreement until the rental price has been paid.

7.3. The Lessee has a period of 7 days, also counting from the invoice date, to communicate any comments in writing or to dispute the invoice in writing, after which the Lessee is deemed to have accepted the invoice. Full or partial payment of an invoice constitutes unconditional acceptance thereof.

7.4. In the event of total or partial non-payment, the Lessee will be liable, by operation of law and without notice of default, to pay interest on arrears equal to 1.25% per month, as well as liquidated damages of 10%, with a minimum of EUR 125, on the amount owed, without prejudice to the Lessor’s right to claim greater damages if it is proven that the actual damage suffered is greater.

7.5. If the Lessee is a Consumer, notwithstanding Article 8.3, Articles XIX.1 WER through XIX.15 WER will apply in the event of a default in payment.

​​​8.1. The Agreement will always be concluded for a fixed term, which may be one, three, six, nine, twelve or twenty-four months respectively. The aforementioned term will always be agreed in writing and unequivocally between the Parties.

​​​8.2. The minimum term of the Agreement is one month. The start date and end date of the Agreement are always agreed upon in writing between the Parties in the quotation.

​​​8.3. The Agreement will end by operation of law on the last day of the agreed rental period, without the Lessee having to give notice. Early termination is not possible.

​​​8.4. The Agreement cannot be tacitly renewed. An extension must always be agreed upon in writing between the Parties.

​​​8.5. The Lessee undertakes, in consultation with the Lessor, to prepare the rented Goods for collection by the Lessor before the term of the Agreement expires and by the last day of the rental period at the latest.

​​​8.6. In the event that the Lessee does not prepare the rented Goods within the period stipulated in Article 9.5 of these General Terms and Conditions, the Lessee will automatically be in default. The Lessee will then owe the Lessor damages assessed at one month’s rent for each month of delay commenced. In the aforementioned case, the Lessor will also be entitled to recover the leased Goods independently from the Lessee. All costs arising from the aforementioned default will always be borne by the Lessee.

​​​8.7. The Lessee can never become the owner of the rented Goods. If the Lessee intentionally appropriates the rented Goods, he/she/it will be guilty of embezzlement.

​​​​​9.1. The Lessee agrees to use the rented Goods with due diligence and to return them to the Lessor at the end of the Agreement in the same condition as that in which they were received.

9.2. The Lessee undertakes to use and/or handle the rented Goods in accordance with the user and/or operating instructions/conditions (supplied).

9.3. The Lessee is responsible for the rented Goods for the entire rental period and will monitor their proper operation and condition at all times. In the event of any damage or theft, whether intentional or unintentional, the Lessee will always notify the Lessor immediately.

9.4. The Lessee is not permitted to lend or loan the leased Goods to third parties, nor to rent them out.

10.1. The Lessee has the right to cancel the Agreement free of charge within 48 hours from the time the order was placed, being the receipt of the confirmation email as defined in Article 3.3.

10.2. The Lessee also has the right to cancel the Contract before it begins outside the 48-hour period mentioned in Article 11.1, but subject to paying damages equal to 20% of the total rental price of the Goods. 

10.3. Cancellations outside business hours are valid only at the start of the next working day, taking into account Sundays and holidays. 

10.4. In the event that the Agreement is canceled by the Lessee in accordance with the provisions of Articles 11.1 and 11.2 of these General Terms and Conditions, the Lessor will refund the amount paid, less 20% if applicable, to the Lessee’s account number with which payment was initially made.

11.1. Any damage, whether intentional or not, will be recovered from Lessee. In the event of damage to (including lack of) necessary parts, the repair or new purchase will be at the Lessee’s expense.

11.2. If the rented Goods have been destroyed or damaged for any reason, the rental price for the Goods will remain the responsibility of the Lessee, along with the repair and/or new purchase thereof. 

11.3. The Lessee agrees to notify the Lessor immediately, and at the latest within 24 hours from discovery, in the event that the Goods are defective, damaged and/or stolen during the rental period.

12.1. In the event of force majeure, the Parties are entitled to consider the Agreement, or that part of the Agreement not yet performed, as rescinded or suspended for a definite or indefinite period of time.

12.2. In the event of force majeure, the Lessee cannot sue the Lessor for damages.

12.3. Force majeure includes all events, beyond the control of the Parties, which render the further performance of the commitments under this Agreement temporarily or permanently impossible, and which are not foreseeable and cannot be averted by them.

12.4. An event of force majeure includes, but is not limited to, any of the following events: natural disasters, epidemics, armed conflicts and terrorism, social unrest (strike, demonstration, lockout, etc.), delays in delivery or failure to deliver on the part of suppliers, prolonged illness of employees, governmental decisions or interventions, and errors or delays attributable to third parties.

13.1. Complaints by either Party to the other Party will be made in writing. Both Parties undertake, to the extent possible, to seek a solution to the aforementioned complaints.

14.1. The Agreement may be terminated by either Party in case of a serious breach or gross negligence on the part of the other Party within the framework of its contractual obligations, which has not been remedied within 7 days of receipt of a written notice of default in which the defaulting Party is requested by the other Party to correct or terminate such breach. 

14.2. Serious default or gross negligence includes a shortcoming that is so serious that the Party committing it knows or should know that it will cause damage to the other Party or which constitutes a disregard of contractual obligations to which the other Party may attach great importance.

14.3. The Lessor has the right to terminate unilaterally its Agreement with the Lessee without judicial intervention and without prior notice of default at the Lessee’s expense, without owing any damages, in the event of (a serious and real threat of) insolvency.

15.1. Belgian law applies. 

15.2. The courts of the judicial district of Leuven are competent to hear any challenge or dispute arising from this Agreement.

The Lessee declares that he/she/it has taken full note of the General Terms and Conditions and confirms his/her/its full acceptance thereof. The Lessee expressly agrees to be bound by the General Terms and Conditions.