TERMS AND CONDITIONS VERSION June 27, 2023
Article 1. Definitions Lessor: Fodis (61351644) trading under the name Mobiledrinks.eu, located at Haarlemmerstraatweg 79, 1165K, Halfweg. Lessee: any (potential) counterparty of the Lessor. Parties: Lessee and Lessor together. Agreement: Will agreement between Lessee and Lessor, aimed at creating, modifying, or terminating obligations. An Agreement is only concluded after the offer recorded in a quotation has been accepted by the Parties. Acceptance can be done in writing or digitally through an email confirmation. Rental Period: Agreed time period during which the materials are with the Lessee. Usage Period: Agreed time period during which the materials are used by the Lessee.
Article 2. Applicability These conditions apply to every Agreement between Lessee and Lessor and its implementation. Deviating conditions are only applicable if expressly agreed upon in writing. All other conditions, such as Lessee’s own conditions, do not apply to the Agreement.
Article 3. Quotation & Payment 3.1 Unless otherwise stated in writing, the quotations issued by the Lessor are non-binding and valid for 14 days based on availability. The Lessor is entitled to revoke a quotation within three working days after acceptance of this quotation by the Lessee. In that case, no Agreement is concluded between the Parties. 3.2 All prices mentioned by the Lessor are subject to change and exclude 21% VAT. Prices are calculated per item and apply to the agreed rental period. 3.3 Payment is due within 14 days after receipt of the invoice unless otherwise agreed in writing. 3.4 The Lessor may require a deposit to be paid prior to the rental period to conclude the Agreement. If this is the case, it will be clearly communicated prior to the rental period. 3.5 If the Lessor requests a deposit to conclude the Agreement, the payment terms will be clearly communicated by the Lessor.
Article 4. Execution 4.1 During the execution of the Agreement, the Lessor is entitled to provide slightly deviating or similar rental materials, without this constituting grounds for dissolution of the Agreement.
Article 5. Delivery & Return of Rental Materials 5.1 Depending on the nature of the Lessee’s request, the Lessor may determine how the materials will be delivered. Delivery can be done through postal delivery (via PostNL) or courier delivery (Mobiledrinks.eu). The method of delivery will always be explicitly stated in the agreement. 5.2 In the case of postal delivery, the Lessee is responsible for receiving the materials upon delivery and returning them in a timely manner at the end of the rental period. 5.3 In the case of postal delivery, the Lessee will receive a track and trace code on the provided email address the day before the delivery. This will indicate the delivery time slot. Deviating from the agreed time slot is not possible unless it has been explicitly agreed upon in writing. 5.4 If the materials are delivered by a courier, the date and time slot for delivery will be agreed upon in consultation. 5.5 In the case of postal delivery, the Lessee must return the materials themselves to a PostNL point on the agreed day at the end of the rental period. As a general rule, the materials should be returned to PostNL the day after use. The exact day for returning the materials to PostNL will always be explicitly stated in the agreement. For example, if the rental period ends on Sunday, the materials must be returned to a PostNL point on the following Monday. 5.6 If the Lessee returns the materials later than agreed with the Lessor, the Lessor may charge additional costs to the Lessee. The additional costs for late return amount to €50.00 excluding 21% VAT per Drink Backpack or Sample Pack per day.
5.7 If the Lessee picks up and/or returns the rental materials at Mobiledrinks.eu, this can only be done on the agreed date and specific time. 5.8 If it is agreed that the Lessee will return the materials themselves, it must be done no later than the agreed date and time. If the Lessee returns the materials late, the Lessor may charge additional costs to the Lessee. The additional costs for late return amount to €50.00 excluding 21% VAT per Drink Backpack or Sample Pack per day. 5.9 Materials must be returned in a clean and dry condition. 5.10 The following additional conditions apply for courier delivery. Any deviating loading and unloading situations must be reported in advance. We deliver the materials up to the doorstep within a maximum of 20 meters from the vehicle. For delivery and pick-up by Mobiledrinks.eu, the following costs will be passed on to the customer: If the location is not easily accessible for transportation; If the materials need to be delivered outside a radius of ± 20 meters from the unloading point; If the materials need to be delivered on a floor other than the ground floor (taking stairs, etc., into account); If there are parking costs involved; The additional labor costs for deviating situations amount to €12.50 per quarter hour per employee. If it is determined that additional costs will be incurred, this will always be communicated to the client in advance.
Article 6. Damage to Materials 6.1 Any damages that occur during the rental period or are discovered during the rental period must be reported by the Lessee to the Lessor. 6.2 If damages to the rented materials that occurred during the rental period or were discovered during the rental period are not reported to the Lessor within 48 hours after the end of the rental period, the Lessee will no longer be entitled to any compensation or reimbursement for damages. 6.4 If damages to the rented materials occur due to the fault of the Lessee, these costs may be charged to the Lessee. 6.5 If damages to the rented materials occur during the rental period as a result of material fatigue or aging, these damages cannot be charged to the Lessee.
Article 7. Insurance The rental materials provided by the Lessor are not insured while in the possession of the Lessee. The Lessee may need to arrange insurance themselves if necessary.
Article 8. Complaints The rental materials provided by the Lessor are deemed to comply with the Agreement. Furthermore, at the time of providing the rental materials, the Lessee must examine whether they comply with the Agreement, and any defects must be immediately reported to the Lessor by telephone, but no later than within 3 hours of receipt. The right to make a complaint expires from the moment the rental materials are put into use.
Article 9. Liability 9.1 The Lessor is only liable for direct damages caused by its intent or gross negligence. The liability of the Lessor is limited in this and all other cases to the net invoice price. 9.2 The Lessee indemnifies the Lessor against any claims for damages from third parties, regardless of the cause. 9.3 The Lessee indemnifies the Lessor against any claims for damages from third parties arising from what the Lessee distributes or pours out with the rented materials. The content of the Drink Backpacks and Sample Packs and the use of the content are the sole responsibility of the Lessee. 9.4 From the moment the rental materials are made available, the Lessee is fully liable for theft, loss, damage, breakage, and any deterioration in the quality of the rental materials for any reason, and the Lessee is obliged to compensate the Lessor for all resulting costs. The costs will be determined by the Lessor and are binding on the Parties.
Article 10. Force Majeure 10.1 Force majeure refers to circumstances that prevent the fulfillment of the obligation and are not attributable to the Lessor. Force majeure includes, but is not limited to: stormy weather, delays, non-delivery or incomplete delivery by lessees to the Lessor, unforeseen disruptions in the supply chain or by third parties, strikes, general transportation problems, and the inability to obtain necessary items or services for the performance of the Agreement by the Lessor. 10.2 During force majeure, the delivery and all other obligations of the Lessor are suspended. If the period during which the performance of obligations by the Lessor is impossible due to force majeure lasts longer than 24 hours, both parties are entitled to terminate the Agreement without any obligation to pay compensation arising in that case. 10.3 If the Lessor has already partially fulfilled its obligations at the time force majeure occurs, or can only partially fulfill its obligations, it is entitled to separately invoice the part already provided or that can be provided as if it were a separate Agreement.
Article 11. Termination 11.1 The Lessor has the right to immediately terminate the Agreement with the Lessee without notice or judicial intervention if: The Lessee fails to meet its due obligations to the Lessor, After the conclusion of the Agreement, circumstances come to the Lessor’s knowledge that give good reason to believe that the Lessee will not be able to fulfill its obligations. 11.2 The Lessee can cancel free of charge up to 7 days before the start of the rental period. Between 7 and 2 days before the rental date, the cancellation fee is 50% of the rental amount, and within 48 hours, it is 100% of the rental amount. 11.3 Personalized materials such as printed cups and branding cannot be canceled once they have already been produced. This means that if the Lessor has already incurred costs, these costs will always be charged to the Lessee in case of cancellation.
Article 12. Delivery Conditions 12.1 Any deviating loading and unloading situations must be reported in advance. We deliver the materials up to the doorstep within a maximum of 20 meters from the vehicle. If the materials are delivered and picked up by Mobiledrinks.eu, the following costs will be passed on to the customer: If the location is not easily accessible for transportation; If the materials need to be delivered outside a radius of ± 20 meters from the unloading point; If the materials need to be delivered on a floor other than the ground floor (taking stairs, etc., into account); If there are parking costs involved; The additional labor costs for deviating situations amount to €12.50 per quarter hour per employee. If it is determined that additional costs will be incurred, they will always be communicated to the client in advance.