The General Terms and Conditions feature the following defined terms:
Subscription: the agreement between Giotto and the Renter concerning the use of the Furniture by the Renter as well as any other agreement between Giotto and the Renter;
General Terms and Conditions: these General Terms and Conditions of Giotto apply to every subscription;
End Date: the date on which the Subscription ends following thee original Subscription Period or by means of cancellation due to termination by the Renter as explained in Article 6.3;
Furniture: the Furniture made available to the Renter by Giotto based on the Subscription for use by the Renter in accordance with the General Terms and Conditions;
Renter: any person or legal entity who takes out a Subscription with Giotto;
Unjustified Swap: has the definition as explained in Article 5.4;
Giotto: Giotto Services SRL, with its registered office in Rue Dieudonné Lefèvre 17, 1020 Brussels, Belgium;
Swapping: the solution provided by Giotto for the Renter concerning the Furniture, by repair covered in the Damage section or exchanging it for another Furniture piece.
2.1 The Dutch and French version of the Terms and Conditions Giotto remains leading at all times, this translation is only provided for communication.
2.2 These General Terms and Conditions apply to every subscription between Giotto and the Renter.
2.3 Agreements between Giotto and Renter in deviation from, or in addition to, these General Terms and Conditions are valid only if explicitly confirmed by Giotto, e.g. on the Giotto website or via e-mail.
2.4 All amounts stated by Giotto include VAT.
3.1 For the duration of the subscription the Renter will have the Furniture.
3.2 Under the Subscription, the Renter is entitled to swapping, depending on the damage the repairing cost will be taken into account (see Article 5). This means: when serious damage was caused by the Renter the price of reparation will be charged.
4. Terms and Conditions
4.1 The Renter makes normal use and takes due care of the Furniture, in accordance with the instructions given by Giotto.
4.2 The Furniture is intended only for personal use by the Renter. The Renter is not allowed to use the Furniture as an entrepreneur (i.e. using the Furniture for e.g. to rent out again is prohibited). In the event of a breach of this obligation the Renter shall pay a contractual penalty in an adequate amount, however not more than EUR 5.000. The precise amount of such contractual penalty shall be determined by Giotto. Such contractual penalty shall be without prejudice to any other rights of Giotto, including but not limited to a right to claim damages and to terminate the subscription in accordance with Clause 14 of the General Terms and Conditions.
4.3 The Renter must have a SEPA bank account number.
4.4 The Furniture will at all times remain the property of Giotto. The Renter is will not be allowed to create of grant any security interest or other right in respect of the Furniture fora third party’s benefit.
4.5 The Renter will be personally liable for compliance with the General Terms and Conditions.
4.6 The Renter will be responsible for passing on changes to the data known to Giotto, such as a new address, in good time.
4.7 The Renter may not make any changes to the Furniture that cannot be removed without damaging the Furniture and is not permitted to manipulate in any way the components of the Furniture.
4.8 The Renter must be at least 18 years old and able to enter into legally binding contracts to be able to subscribe for a Giotto. Minors may subscribe under the supervision of an adult.
5.1 Giotto strives to Swap the Furniture within 2 weeks after the Renter has contacted Giotto via telephone, e-mail, or WhatsApp. Swapping takes place by appointment with the Renter.
5.2 If this target time period is not achieved, the Renter cannot claim any compensation or remuneration.
5.3 Swapping will only take place within the city limits in which Giotto operates.
5.4 Swapping is possible for all Furniture pieces. If this occurs at the end of the subscription, the swap will be free of charge. For all other Furniture Swaps a cost of EUR 99 will be taken into account. This regardless of the number of items being swapped, picked up, or added. Delivery and assembly are included in this price.
5.5 If the Renter unjustly requests a Swap (an ‘Unjustified Swap’), Giotto reserves the right to charge EUR 50 in call-out charges. If the Renter fails to appear at an appointment that was made for Swapping, this will also be regarded as an Unjustified Swap.
5.6 When Giotto exchanges a Furniture piece, the Renter will transfer the Furniture to Giotto.
6. Subscription Term and Termination
6.1 The term of the Subscription (“Subscription Period”) is agreed upon the delivery as indicated in the Payment Agreement.
6.2 The Subscription Period is one month from the date stated in the order process and automatically extends on a month-by-month basis, unless terminated in accordance with these Terms & Conditions. Both Giotto and Renter may terminate a monthly Subscription at any time with a notice period of one month.
6.3 Without early termination, thee Subscription ends following the original End date.
6.4 From the day that the written cancellation of the Subscription by the Rental Renter has been received by Giotto, the Subscription will continue for one more month, which means that the Subscription ends one month after the day on which Giotto has received the cancellation (the ‘End Date’).
6.5 The Renter has the right to use the Furniture until the End Date of the Subscription after termination notice. The Renter has the obligation to meet the costs of Subscription until the End Date including a return cost of EUR 99.
6.6 The Furniture will be returned to Giotto no later than the End Date.
6.7 If the Renter hands in the Furniture before the End Date, this will end all rights of the Renter under the Subscription, without prejudice to the Customer’s obligation to pay the full Subscription costs until the End Date.
6.8 Prior to returning the Furniture on the End Date the Renter can extend the rental period free of charge by sending an e-mail to Giotto. The e-mail must be received by Giotto on the day preceding the End Date.
6.9 When the Furniture is not returned on or before the End Date Giotto reserves the right to apply a daily fine of 5% (of the retail price of the Furniture piece) every day from the End Date until return of the Furniture, with a maximum of 7 days.
6.10 If the Furniture is not returned within seven days of the End Date to Giotto and the Subscription is not reactivated, subsequently Giotto will report a theft by the Renter. In that case, the Rental Customer will also be obliged to compensate Giotto for the loss suffered, this means the customer will need to refund the remaining retail cost of the Furniture piece which can be found on the website.
6.11 The Rental Customer is aware that the Furniture could be owned by a leasing company. If the Furniture is owned by a leasing company, the Rental Customer will be obliged, on the leasing company’s demand, to either hand in the Furniture to the leasing company or to be discharged from their obligations by paying the leasing company the future rent.
7. Theft or loss
7.1 In the event of the loss or theft of the Furniture, the Customer will be obliged to report this to Giotto within 24 hours, and to report this loss or theft to the police together with an employee of Giotto. In that event, the Customer will owe a deductible. After the report has been completed, the Customer will receive a replacement Furniture from Giotto.
7.2 If the Customer does not, or not in good time, report a loss or theft of the Furniture, the Customer will owe Giotto a compensation of the remaining retail cost of the Furniture piece which can be found on the website.
7.3 If a missing or stolen Furniture piece is recovered within the term of the Giotto, the Renter will be credited no more than the deductible paid. Giotto will determine this amount on the basis of the condition of the Furniture and any other costs.
7.4 If it turns out that the Renter has provided incorrect information that disadvantages Giotto, Giotto reserves the right to add an unfairness surcharge of EUR 500. This amount will be in addition to the deductible and any negligence surcharge.
7.5 If parts of the Furniture piece are missing or stolen, Giotto reserves the right to charge this to the Renter up to the amount of the deductible at most. A price list of the parts of the Furniture may be requested from Giotto.
8. Damage and servicing
8.1 The Renter must report damage to the Furniture to Giotto within 24 hours.
8.2 Giotto reserves the right to check the condition of the Furniture. Customer shall cooperate with any necessary servicing or maintenance, on demand by Giotto.
8.3 In case of damage or and wear and tear to the Furniture other than what is to be expected by normal use, at the discretion Giotto, Giotto reserves the right to recover the costs from the Renter.
8.4 In case of damage caused by (contributory) negligence of a third party, the Renter will be obliged to provide Giotto with the contact details of this third party as well as a sketch of the scene signed for approval by both parties. Giotto reserves the right to charge the Renter for the damage.
9.1 Monthly Furniture payments will go toward a buyout. This means the Renter will never pay more than the retail cost of the Furniture. When decided to buy the item before the termination of the contract, the Renter will be charged the difference between the previous subscription payments and the retail cost of the Furniture.
9.2 In the case that items are Swapped, previous payments do not carry over to swapped items.
9.3 The retail price of the Furniture will be mentioned on the website. Previous monthly payments will be applied toward the buyout when decided to purchase the item.
10.1 The Renter is obliged to do a monthly bank transfer as indicated in the Payment Agreement.
10.2 In case of extra orders, such extra Furniture pieces, Giotto reserves the right to demand payment before supplying the Renter with a new Furniture piece.
10.3 When the Subscription costs cannot be written off or are wrongfully cancelled, the Renter is in default. The Renter will receive a reminder to pay the due amount within 14 days. If the amount is not fulfilled within an additional 10 days, Giotto will place the claim for collection. All extra costs, interest and extrajudicial costs are at the expense of the Renter.
11.1 The Renter must examine the Furniture upon delivery. If the Renter commences with use of a Furniture, this will be regarded as proof that the Furniture is functioning properly.
11.2 The Renter must give immediate notice to Giotto of any defects on the Furniture.
11.3 The use of the Furniture is at the own risk of the Renter. In case of doubts on the Renter’s part concerning the safety of the Furniture, the Renter should contact Giotto immediately.
11.4 Giotto is not liable for any damage suffered by the Renter as a result of using the Furniture, unless there is intentional or gross negligence on Giotto’s part.
12.1 Giotto reserves the right to change the costs of a Subscription. Changes will be communicated to the Renter via e-mail at least two months before the effective date.
12.2 Changes to the Terms and Conditions will be made known at least one month before becoming applicable, via an e-mail to the Renter.
12.3 Giotto reserves its right to transfer its claims on the Renter to a third party at all times.
13. Failure to fulfil obligations
13.1 Giotto reserves the right to terminate the Subscription with immediate effect, either wholly or partially, or to cancel the Subscription by means of a written notice to the Renter if: the Renter fails to fulfil their obligations under the Subscription; the Renter applies for a provisional or definitive suspension of payments or is granted a provisional or definitive suspension of payments; bankruptcy or a winding-up petition is filed for in respect of the Renter or if they are put into bankruptcy or liquidation; the Renter is placed under guardianship or is allowed to participate in the debt restructuring scheme for natural persons; the Renter uses the Furniture contrary to the provisions in the General Terms and Conditions (e.g. the provisions in clause 4); the Renter, in the opinion of Giotto, abuses the service offered by Giotto; the Renter deliberately provides incorrect information to Giotto, or the Renter otherwise should no longer be deemed able to fulfil the obligations under the Subscription.
13.2 The Renter has the right to terminate the Subscription with immediate effect if Giotto has repeatedly and/or seriously failed to fulfil its obligations as described in the General Terms and Conditions.
14.1 Giotto considers the protection of your personal data to be important. How we protect your personal data is explained in our Privacy Statement. This can be consulted at www.begiotto.com or in this regard may be addressed to email@example.com
15. Applicable law. Disputes
15.1 Belgian law applies exclusively to the Subscription and the General Terms and Conditions.
15.2 All disputes arising from or connected with the Subscription will only be submitted to the competent court.
www.begiotto.com Version 1.0 – May 2020