Our Terms & Conditions
The following terms and conditions shall mean:
|The agreement between RentYourMac and renter for the use of the Macbook by the renter as well as any other agreement between RentYourMac and renter, including the applicable general terms and conditions
|These general terms and conditions RentYourMac applicable to any agreement;
|The date on which the agreement ends by the renter’s termination as set out in article 7;
|The refurbished Macbook for use by renter in accordance with the general terms and conditions provided by RentYourMac under the agreement to the renter;
|Any natural or legal person who concludes an agreement with RentYourMac ;
|RentYourMac, Burgemeester s’Jacoblaan 69, 1401 BP, Bussum and with KVK number 72534877;
|Providing Support by RentYourMac to renter with respect to the Macbook by remotely logging in, performing minor repairs or exchanging it for another Macbook, as set out in Article 3.3 and 6;
|The monthly fees that renter owes in connection with the rental of the Macbook.
2.1 These general terms and conditions apply to any agreement between RentYourMac and renter.
2.2 Agreements between RentYourMac and renter notwithstanding, or in addition to, these terms and conditions are only valid if they are confirmed explicitly and in writing by e-mail by an employee of RentYourMac.
2.3 All amounts mentioned by RentYourMac include VAT.
3.1 The renter will be provided with a Macbook for the duration of the agreement.
3.2 The Macbook comes with a charger and protective cover or case.
3.3 If Support is standard included, this is indicated in the agreement. The provisions of article 6 shall apply to Support.
3.4 Renter must be in possession of a SEPA bank account number.
3.5 Renter is responsible for the timely passing of changes in the personal data known to RentYourMac, such as a new address or changed bank account number.
3.6 Transfer and handing in of the Macbook will take place on a location proposed by RentYourMac and aligned with renter. The actual transfer can take place by a courier enabled by RentYourMac.
4.1 Renter uses the Macbook in a normal way and takes care of the Macbook with due care.
4.2 The Macbook is intended for personal use only by renter.
4.3 The Macbook remains the property of RentYourMac at all times. The renter is not permitted to transfer or sell these to a third party or to establish or grant any (collateral) right to the third parties.
4.4 RentYourMac does not have the login credentials of the Macbook. If the renter forgets or loses the login details, the Macbook will need to be reinstalled and all data from the renter will be lost. For a new installation RentYourMac charges € 50,-.
4.5 In view of the consequences and its impact, the renter is not allowed to engage in illegal activities with the Macbook. Examples include storing illegal content on the Macbook, or using the Macbook for criminal activities.
4.6 RentYourMac reserves the right to terminate the agreement immediately when activities as defined in Article 4.5 are being deployed.
4.7 Renter may not make any changes to the Macbook that cannot be removed without damaging the Macbook.
4.8 The protective cover or case may be provided with an advertising expression. Renter may not remove this advertising expression. The renter is not allowed to apply any form of advertising or sticking onto the Macbook.
5.1 A deposit must be paid by the renter at the commencement of the contract. Amounts can be found in table 1.
Table 1: Height of deposit per type of Macbook
5.2 RentYourMac reserves the right to offset (part of) the deposit with any claim that RentYourMac obtains from the renter. A claim of RentYourMac may arise if there is (but is not necessarily limited to):
- Unpaid monthly terms;
- Physical damage to the Macbook, as created by traps;
- Another form of damage to the inside or outside of the MacBook, such as the occurrence of spills of a liquid on the MacBook;
- Late return of the Macbook (see further article 7.9);
- Failure to return the Macbook by theft or loss and the compensation due (see further article 7.10);
- The entry of the renter’s own risk (see further 8.1);
- The payment of the negligence supplement (see further 8.4);
- The payment of the unfairness supplement (see further 8.6);
- To make administrative or collection costs (see further 10.3).
5.3 It is at the sole discretion of RentYourMac to determine whether circumstances have arisen that justify the withholding of deposit, and if so, for what amount (of course, the amounts referred to in the general Terms and Conditions as a guideline Serve).
5.4 A withholding on the deposit shall not affect any other claim rights of RentYourMac to the renter. Withholding the deposit does not qualify as a full or appropriate compensation from renter to RentYourMac.
5.4 If there is no question of the circumstances referred to in Article 5.2, the deposit will be paid in full.
5.5 Refund of (part of) the deposit will take place within 5 working days after the delivery of the Macbook.
6.1 Support by RentYourMac has the following features:
- Up to 2x a year, with a maximum of 20 minutes, renter can make use of Support;
- Support may include remote login at renter by RentYourMac;
- Support may include, if necessary, carrying out minor repairs at a location proposed by RentYourMac;
- Support may include swapping the Macbook for another Macbook at a suggested location by RentYourMac.
6.2 RentYourMac strives to provide Support to renter for a Macbook within 24 hours after the renter has contacted RentYourMac via e-mail or WhatsApp. Support takes place in consultation with renter.
6.2 If the renter is not available at the time of Support resulting from the preceding paragraph, the renter may not be entitled to any compensation or compensation.
6.3 If RentYourMac and renter have agreed to a meeting and the renter does not appear at the agreed moment of support, this nevertheless qualifies as one of the 2 moments of support as mentioned in article 6.1.
6.4 Support is provided only with software or hardware questions, and only in the locations suggested by RentYourMac.
6.5 When swapping a MacBook by RentYourMac, the Macbook includes a complete charger and protective cover or case by renter transferred to RentYourMac.
6.6 After explicit consent of the renter, Support can exist out of remotely logging at renter by RentYourMac to view and possibly solve (software) problems. Renter agrees that if the renter chooses to do so, RentYourMac can see all the screens and websites that the renter has opened at the time of the login. It is the renter’s own responsibility to close screens and websites in time for the viewing session. Of course, RentYourMac will be confidential with any information that RentYourMac takes into account in the event of a login.
6.7 Support is based on “best effort”. RentYourMac cannot guarantee the achievement of a certain result.
7. Contract term and termination
7.1 The agreement will include a minimum period of rent of 1 month. At the end of this period, the Agreement shall be tacitly renewed for a period of one month.
7.2 The cost of the agreement for the first month shall be calculated on the basis of the full monthly rate for the number of days remaining in the month in question.
7.3 The notice period of the Agreement shall be one month. From the day that the written termination of the agreement has been received by the renter via e-mail by RentYourMac, the agreement continues for one month so that the agreement ends one month after the day on which the termination was received by RentYourMac (the ‘End Date’).
7.4 The renter has the right to use the Macbook and the obligation to fulfill the costs of the contract after termination until the end date.
7.5 The Macbook, the original charger and the protective cover or case, must be returned to RentYourMac by the renter at the latest by the end date.
7.6 If a Macbook is returned, the renter must be responsible for the deletion of the data prior to delivery. RentYourMac will immediately “wipe” a returned Macbook without making any backups. Renter can therefore not request RentYourMac to provide by the resetting lost data, login codes or (paid) apps after the moment of surrender to renter and carries here itself the complete (financial) risk.
7.7 When the Macbook is returned by the renter before the end date, all rights of the renter under the agreement will terminate without prejudice to the obligation of renter to complete the agreement costs until the end date.
7.8 Before the Macbook has been returned to RentYourMac, the renter may at any time undo the termination and activate the agreement again by means of an e-mail to RentYourMac.
7.9 If the MacBook has not been transferred by the tenant to RentYourMac by the end date, the renter owes a penalty of EUR 5,-per day until the MacBook has been transferred to RentYourMac or the agreement has been activated again, with a maximum of seven days.
7.10 If the Macbook is not transferred to RentYourMac within seven days of the end date and the agreement has not been reactivated, RentYourMac will declare theft by the renter. In this case, the renter is also obliged to reimburse the damage suffered by RentYourMac, which can be found in table 2, without prejudice to the right of RentYourMac to request full compensation for the damage suffered by it, provided that it goes beyond the amount of the compensation fixed.
Table 2: Amount of compensation
8. Theft or loss
8.1 In The event of a loss or theft of the MacBook, the renter is obliged to report this within 24 hours to RentYourMac via mail or WhatsApp, to hand over the MacBook charger to RentYourMac and to report it together with a RentYourMac representative. In that case, the renter owes his own risk. The applicable own risk per type of Macbook can be found in table 3, and comes on top of the deposit. Renter receives from RentYourMac a replacement Macbook after the declaration has been completed.
|Identified own risk
Table 3: Height of own risk per type of Macbook
8.2 If the renter does not, or has not timely, mentioned the loss or theft of the Macbook, or the charger cannot be handed over by the renter to RentYourMac, the renter shall owe to RentYourMac the deductible as set out in table 3.
8.3 In order to avoid incidents such as loss, theft and damage, the Macbook must always be used with a protective cover or case supplied.
8.4 If the Macbook is not used with the included protective cover or case and an incident occurs, including a case of vandalism, loss or theft, the renter owes a negligence fee. This amount is on top of the own risk and can be found in table 4 and is depending on the type of Macbook.
|Fixed negligence fee
Table 4: Height negligence surcharge per type of Macbook
8.5 When a missing or stolen Macbook is recovered within the term of the agreement, the renter will be credited with the maximum amount of the paid own risk. RentYourMac determines the level of this amount based on the state of the Macbook and any other costs.
8.6 If it appears that the tenant has provided erroneous information to the disadvantage of RentYourMac, RentYourMac has the right to charge a unfairness surcharge of € 100,-. This amount is on top of the own risk and any negligence surcharge.
8.7 in the case of missing or stolen parts of the Macbook, RentYourMac has the right to charge this to the renter for up to the amount of the own risk.
9.1 Damage to the Macbook is reported to RentYourMac by the renter within 24 hours.
9.2 If there is any damage and wear on the Macbook other than is to be expected by normal use, this for the assessment of RentYourMac, RentYourMac reserves the right to recover the costs from the renter.
9.3 If there is any damage caused by (co-) debt of a third party, the renter is obliged to supply the contact details of this third party and a claim form signed by both parties to RentYourMac.
10.1 Renter is obliged to issue a direct debit of the monthly Agreement costs and any other costs owed to RentYourMac at the time of conclusion of an agreement. The Agreement costs are due before the start of a new month of rent.
10.2 Exceptionally, if the renter is unable to make an automatic debit according to 10.1, cash or overnight prepayment of at least 3 months is also possible.
10.3 If the contract or other costs cannot be depreciated or unjustifiably reversed, the renter is legally in default. The renter will then receive a reminder to pay the payable within fourteen days. If the due date is not met within the period of fourteen days, RentYourMac may enable a collection agency. All additional administration costs and extra-judicial collection costs are for the account of the renter.
11. Returning old Macbook
11.1 It is possible for renter to return his old Macbook at the beginning of the agreement for a fee in the form of discount on the agreement.
11.2 The discount is fixed per Macbook and must be approved by both renter and RentYourMac. If the renter and RentYourMac do not agree on the amount of the fee, the old Macbook will not be taken by RentYourMac.
11.3 When a renter intends to deliver a Macbook that is not an owner of the renter, the agreement is terminated immediately and a declaration will be made to the police.
12. Overbuy rented Macbook
12.1 It is possible for renter to buy a rented Macbook over. Renter should make this known to RentYourMac.
12.2 RentYourMac will propose a price to the renter. If renter and RentYourMac do not agree on the amount of the price, then no sale of the rented Macbook will be established.
12.3 Unless otherwise agreed, RentYourMac does not provide a warranty on any Macbook purchased by the renter.
13.1 In case of doubt by the renter to the state or performance of the Macbook, RentYourMac must be contacted within 3 working days of delivery.
13.2 If the renter is using a Macbook, it is understood as proof that it is functioning properly and does not show any defects.
13.3 During the term of the agreement, the renter is personally liable for the timely passing of any defects and/or damages to the Macbook.
13.4 The use of the Macbook by renter is at the renter’s own risk. RentYourMac is expressly not in favor of the continuous operation of a Macbook.
13.5 RentYourMac is not liable for any damage suffered by the renter as a result of the use of the MacBook and/or malfunction of the MacBook, unless intentional or gross negligence on the part of RentYourMac.
13.6 Renter shall indemnify RentYourMac for any damages that third parties purport to have suffered through the use by the renter of the MacBook, such as, but not limited to, conducting illegal or criminal acts through the MacBook by renter or making an infringement of third party intellectual property rights.
14.1 RentYourMac reserves the right to change the cost of an agreement. Changes are announced by e-mail to renter at least two months before the effective date. The renter has the right to terminate the agreement within 30 days of notification if the renter does not agree to a change. If the renter has not made known to the contract within 30 days of the notification, it is assumed that the renter has accepted the changed costs.
14.2 Changes to the Terms and Conditions shall be published at least one month before the commencement date by means of a notice on the website www.rentyourmac.com and by e-mail to the renter. If the renter has not made known to the contract within 30 days of the notification, it is assumed that the renter has accepted the amended general terms and conditions.
14.3 RentYourMac has the right at all times to transfer its claims to a renter from any other party to third parties.
14.4. Renter can upgrade the agreement free of charge to a more expensive Macbook model. RentYourMac will, by appointment, take care of swapping the MacBook to a MacBook that fits the new agreement. If the renter wants to downgrade his agreement within six months of the commencement of an agreement, RentYourMac has the right to charge a maximum of € 50,- for this. In case of upwards or downgrading, the agreement costs from the time of the exchange will be adjusted to the costs that match the newly chosen type of Macbook.
15. Interim termination agreement by RentYourMac
15.1 RentYourMac has the right to terminate or terminate the agreement with immediate effect by means of a written notice to the renter, if:
- The renter is in default with the fulfillment of his obligations under the Agreement;
- Renter (Provisional) Moratorium of payment requests or (provisional) moratorium of payment is granted to him;
- The bankruptcy of the renter is requested, or he is declared bankrupt;
- Renter is placed under guardianship or is admitted to the debt restructuring scheme natural persons;
- Is charged to the renter’s herd on the Macbook or other goods of the renter and this affects the fulfilment of its obligations under the Agreement;
- Renter in the judgement of RentYourMac abusing the service provided by RentYourMac;
- Intentionally provide incorrect information to RentYourMac, or
- Renter is no longer in a position to be deemed to be able to fulfill the obligations of the contract.
15.2 The renter has the right to terminate the agreement immediately if RentYourMac has not fulfilled its obligations as described in the general terms and conditions repeatedly and/or to a serious extent.
16.1 RentYourMac believes it is important to protect your personal data properly. How RentYourMac this does is described in the Privacy Statement. For questions or remarks you can contact us via firstname.lastname@example.org
17. Applicable law. Disputes
17.1 The agreement and the general Terms and Conditions shall be governed exclusively by Dutch law.
17.2 All disputes arising out of or related to the Agreement shall be submitted exclusively to the competent court in Amsterdam.
www.rentyourmac.com | Version 2.4 | 01-12-2019