Terms and conditions of rental
1. GENERAL
DECOROOM, whose registered office is located at 1050 Ixelles, Avenue Louise 231, is registered under the number BE0721.721.867. DECOROOM rents furniture, equipment, plants, tents and marquees (MATERIALS/PRODUCTS) for events to professionals and individuals (CUSTOMER). DECOROOM also offers complementary services of installation and dismantling, transport, delivery and recovery (SERVICES). DECOROOM can be reached by telephone at 02/319 84 63, by e-mail at hello@decoroom.be or by mail at Avenue Louise 231, 1050 Ixelles.
By placing an order with DECOROOM, the CUSTOMER implies full and unconditional acceptance of DECOROOM's general terms and conditions, which shall apply between the parties to all services delivered in Belgium and in Europe, exclusively in all their commercial relations, and shall supersede any other document, previous written or oral agreement, as well as the CUSTOMER's general terms and conditions of purchase or rental, in all their terms. The CUSTOMER agrees that the rented equipment shall not be used or exported outside the Belgian territory or outside the European Union, as the case may be, without the prior consent of DECOROOM. Any deviation from these terms and conditions shall be made in writing and signed by DECOROOM.
2. WEBSITE
The MATERIALS listed on the www.decoroom.be website (WEBSITE) are offered for rent by DECOROOM on the Belgian and neighbouring territories, excluding the French territory. The products listed on the ww.decoroom-design.com website are offered for rent by DECOROOM on the French territory and bordering on Belgium. The general conditions form a whole with the quote or order form upon their signature. Any deviation from these terms and conditions shall be made in writing and signed by DECOROOM.
DECOROOM shall make every effort to ensure that the photographs of the EQUIPMENT on its WEBSITE are as accurate as possible of the EQUIPMENT offered for rent. The Customer is invited to contact DECOROOM for any further information.
DECOROOM undertakes to use all necessary means to ensure that access, consultation and use of the WEBSITE are as secure as possible. Nevertheless, the user acknowledges that use of the SITE is at his/her own risk. The user is solely responsible for the use of the SITE. The user is solely responsible for any damage to his or her computer or loss of data resulting from downloading content or using the SITE. He must take all appropriate measures to protect his data and/or software from contamination by any viruses circulating through the contents of the SITE. The SITE may contain links to third party sites not edited or controlled by DECOROOM. DECOROOM is not responsible for the content, operation, services offered or access to such third-party sites.
The SITE and all its contents (including texts, comments, illustrations, images, drawings, models, logos, downloadable documents, etc.) are protected by copyright and other intellectual property rights worldwide. DECOROOM is the owner of these intellectual property rights or has the authorization to exploit all these rights.
3. QUOTATION, VALIDATION AND CANCELLATION
3.1 VALIDATION - All orders placed by the CUSTOMER must be made in writing by signing an order form or a quotation accompanied by a deposit, the amount of which is specified on the order form or the quotation. The same shall apply to any request for modification of the purchase order or quotation.
DECOROOM reserves the right to refuse an order at any time for legitimate reasons and without being liable to pay any compensation to the Customer, in particular in the event of unavailability of the ordered MATERIAL, default of payment by the Customer, risk of insolvency or any other dispute or problem with the Customer.
3.2 CANCELLATION - In any event, regardless of the date of cancellation of the order, any deposits already paid and any amounts due at such date shall remain the property of DECOROOM. In any event, any cancellation within seven days prior to the event, the full amount of the invoice shall be due. In the event of a sale of a PRODUCT, any order placed by the CUSTOMER shall be firm and final and the CUSTOMER shall in any event pay the full amount of the invoice.
4. PRICES AND SURCHARGES
4.1 PRICES - The prices of the rental of the EQUIPMENT are indicated in Euros, excluding VAT, transport and/or installation costs and/or any other SERVICE. If the CUSTOMER chooses a SERVICE, these costs are added to the rental price and are also mentioned in the QUOTATION.
The price of the PRODUCTS and SERVICES shall be based on a quotation and shall be indicative but not binding in the catalogs, on the WEBSITE or in the specific pricing conditions provided by DECOROOM.
The prices of the EQUIPMENT offered by DECOROOM on its WEBSITE are valid for a rental period of three days, including the day of pick-up or delivery and the day of return of the EQUIPMENT to DECOROOM. If the rental period exceeds three days, the price of the EQUIPMENT shall be subject to a surcharge. Each additional day of rental shall be considered a full day of rental and shall be charged as such.
4.2 SURCHARGE - For any PRODUCT or SERVICE, CUSTOMER agrees that the price shall be increased by:
- Costs related to a reduction of the assembly and/or disassembly time.
- Additional labor costs if the assembly, disassembly, delivery, pick-up, removal and return are carried out at weekends or on a public holiday and/or at night from 10 p.m. to 6 a.m.
- Additional costs incurred by DECOROOM if, for the PRODUCTS and/or SERVICES concerned, the place of installation is not accessible to a semi-trailer and/or forklift truck and/or pallet truck and/or if the information provided to DECOROOM is erroneous or incomplete and/or if the delivery-takeover, assembly-disassembly area is occupied by third parties and/or equipment.
- Costs related to changes in the applicable regulations after the order has been placed or exceptional measures taken by the competent authorities (police, fire department or others)
- And/or additional labor costs if the time for unloading, loading and/or installation, dismantling is greater than the applicable flat rate below (Appendix II):
Truck volume Loading and unloading time** included in the delivery and pick-up package Additional handling (beyond your package) in € excl. VAT 5 m3 30 min 30€/deliverer 12 - 16 m3 45 min 40€/deliverer 20 m3 45 min 40€/deliverer 40 m3 1h00 40€/deliverer 60 - 80 m3 1h30 40€/deliverer
5. PAYMENT
DECOROOM's invoices shall be paid on the payment date indicated on the invoice. If payment is not received in full, DECOROOM reserves the right to refuse delivery of the MATERIAL and to suspend all current SERVICES until full payment of the amounts due by the CUSTOMER, without prejudice to its other rights. In the event of non-payment, any amount due by the CUSTOMER shall become immediately and fully payable even if not yet due. In addition, interest on arrears will be due from the due date of the invoices at the annual rate of 10%.
6. DELIVERY, TAKING BACK - REMOVAL, RETURN
The CUSTOMER or a person authorized by the CUSTOMER may choose to collect and/or return the MATERIAL to DECOROOM's warehouse or to use DECOROOM's delivery service. The CUSTOMER or a person authorized by the CUSTOMER undertakes to be present when the MATERIALS are made available and returned. The PRODUCTS shall be returned on the day and at the time specified in the quotation.
6.1 DELIVERY AND RETURN OF THE MATERIALS BY DECOROOM - he delivery and return of the MATERIALS shall take place at the location of the event. The CUSTOMER agrees that the place of delivery and pick-up shall be easily accessible. The EQUIPMENT shall be delivered and packaged on a pallet, cart or special packaging. At the time of collection, the CUSTOMER must protect and repackage the EQUIPMENT identically. The CUSTOMER also undertakes to take charge of the pallets, carts and other packaging during the rental period. The time of loading and unloading is included according to an applicable fixed price (4.2 - appendix II). Surcharges may be applied (4.2).
Except by special agreement, whatever the duration of the rental, the failure of the CUSTOMER to return the rented EQUIPMENT within the allotted time will automatically entail the payment by the CUSTOMER, as a penalty clause, of an immobilization indemnity corresponding to the cost of the rental, without prejudice to any damages that may result from this. In addition, DECOROOM shall have the right to repossess the CUSTOMER's equipment by way of a summary order issued by the competent Brussels court without prior notice.
6.2 REMOVAL AND RETURN OF THE MATERIALS BY THE CUSTOMER - If the CUSTOMER chooses to collect and/or return the MATERIALS itself or by a third party of its choice to DECOROOM's warehouses, the transportation, handling, loading and unloading shall be at the CUSTOMER's expense and under its sole responsibility. The CUSTOMER agrees to allow free access to the installed EQUIPMENT to any DECOROOM representative or any other person appointed by DECOROOM and to take all necessary measures to facilitate their mission and to return the rented EQUIPMENT free of any object.
6.3 CONTROL OF THE EQUIPMENT AND DISPUTES – The CUSTOMER or a person authorized by the CUSTOMER acknowledges that it has received the EQUIPMENT in good condition, fit for use and in compliance with the applicable health and safety standards.
A contradictory inventory with a delivery note will be carried out at the time of delivery and at the time of return of the rented EQUIPMENT with a return note. The CUSTOMER or the person mandated by the CUSTOMER is required to attend and to mention in writing any observations. In the absence of a signature and observations, no dispute shall be entertained and only the DECOROOM inventory shall be deemed authentic. The equipment shall only be deemed to have been returned after a joint inventory has been taken or, in the event of the CUSTOMER's refusal, after an inventory has been taken by DECOROOM alone.
Upon completion of the return, any malfunctions and damage to the EQUIPMENT revealed during tests, verifications and cleaning initiated by DECOROOM within 72 hours (working days) shall be borne by the CUSTOMER, with the resulting costs being payable upon receipt of the invoice. Finally, the CUSTOMER shall not be entitled to claim force majeure or fortuitous events against DECOROOM as from the date of signature of the delivery note and/or delivery, DECOROOM being deemed to have fully performed its contractual obligations. Any claim subsequent to the delivery shall be deemed to be inadmissible.
7. USE OF THE EQUIPMENT
The CUSTOMER certifies that it is fit to use the EQUIPMENT and guarantees that the persons who use the EQUIPMENT during the rental period will use it in accordance with its purpose. The CUSTOMER shall hold DECOROOM harmless in this regard.
The CUSTOMER undertakes to use the EQUIPMENT in accordance with its usual purpose, not to do anything or allow anything to be done that could lead to its deterioration and/or disappearance, to provide the necessary normal maintenance, to maintain and return the EQUIPMENT in a good state of use and cleanliness, and to comply with the particular recommendations, specific advice on use and appropriate warnings issued by DECOROOM, of which the CUSTOMER acknowledges that it has been informed.
The CUSTOMER shall refrain from any behavior or action that may damage the equipment. The CUSTOMER shall not modify or alter the EQUIPMENT. The CUSTOMER shall immediately notify DECOROOM of any loss or damage to the EQUIPMENT. DECOROOM reserves the right to terminate the SERVICES in advance or to take back the EQUIPMENT at any time if it considers that the EQUIPMENT is not being used in accordance with its intended purpose and/or in compliance with the operating or safety instructions, without being liable to pay any compensation to the CUSTOMER.
8. EVENT LOCATION AND COMPLIANCE WITH STANDARDS
8.1 PLACE OF EVENT - The CUSTOMER agrees to:
- Guarantee to DECOROOM that the event location where the rented EQUIPMENT is to be installed complies with the legal and regulatory requirements (safety, electrical, etc.) applicable to the planned event.
- Guarantee to DECOROOM that the owner or operator of the venue where the event is to be held has expressly agreed to the transport and installation of the ordered EQUIPMENT.
- To provide DECOROOM, no later than upon signature of the QUOTATION, with details of the constraints of the site, particularities and/or prohibitions on assembly or other matters related thereto.
The CUSTOMER shall be responsible to the owner or operator of the site where the event takes place for repairing any damage caused to the site due to the nature of the EQUIPMENT installed by DECOROOM in accordance with the rules of the trade and shall indemnify DECOROOM against any claims and shall bear the costs of repairing the site alone.
8.2 COMPLIANCE WITH STANDARDS - The CUSTOMER shall ensure that its EVENT complies with all applicable laws and regulations. He will be personally responsible for obtaining the necessary authorizations for the holding of this event used within the framework of the event relating to the installation and operation of the rented EQUIPMENT. The Client agrees to hold DECOROOM harmless from any and all consequences of non-compliance with the above provisions. In particular, in the event of cancellation or interruption of the event for lack of proper authorization. The CUSTOMER shall remain liable for full payment of the service, regardless of the reason alleged by the competent authorities.
9. LIABILITY AND INSURANCE
The EQUIPMENT shall remain the property of DECOROOM and the CUSTOMER shall not allow it to be seized by any of its creditors. The CUSTOMER shall be the custodian of the EQUIPMENT for the duration of the rental period. The CUSTOMER agrees to store the EQUIPMENT in an appropriate manner to prevent theft, loss or damage to the EQUIPMENT. The transfer of risks takes place as soon as the EQUIPMENT is made available or delivered to the CLIENT. The CUSTOMER shall be solely and entirely responsible for the custody of the MATERIAL.
DECOROOM shall in no event be liable for any failure to perform its obligations due to force majeure, including, without limitation, weather or traffic conditions, strikes, or other circumstances beyond its control.
9.1 CIVIL LIABILITY INSURANCE - The CUSTOMER declares that it is insured for professional and operational civil liability, which insurance shall guarantee the responsibilities that may be incurred by the persons authorized by the CUSTOMER to use the rented products. The insurance coverage or limits provided for in the Client's insurance policies shall not constitute a limitation of the CLIENT's liability towards DECOROOM.
9.2 INSURANCE, DAMAGES AND REPAIR COSTS - In all cases, the order shall imply a contribution to insurance and repair costs. Coverage for insurance and restoration costs applies to the CUSTOMER during the period in which the goods are made available. In the absence of payment of this contribution, the order will not be taken into account or, if it is, the order will not be taken into account or, if it is, the disorders, damages will be invoiced to the CUSTOMER at the cost of repair of the MATERIAL, or at their new value if they are not reparable. If the CUSTOMER fails to return the EQUIPMENT within 48 hours of the date initially set for its return or collection, or if DECOROOM fails to make it possible for the CUSTOMER to collect the EQUIPMENT, the EQUIPMENT shall be deemed to be permanently lost.
Amount of the rent in € exclu. VAT | Participation in Insurance and Restoration Costs in | Target MATERIALS | Damage covered | Franchises |
0 - beyond | 7% | All MATERIALS specified in the purchase order or quotation unless otherwise agreed in writing by DECOROOM | On the sole condition that a report is established: fire, explosion, water damage. On the sole condition that it comes from normal use: deterioration, breakage and excluding any other damage, loss or theft | In the event of damage, the CUSTOMER will be charged a deductible of €1500 including VAT, payable upon receipt of the invoice. |
10. PROCESSING OF PERSONAL DATA
The CUSTOMER shall have the right to access information concerning him. Upon request, such information may be communicated to the CUSTOMER and, in case of error or modification, be corrected by DECOROOM. The CUSTOMER's personal data shall be processed in accordance with the Privacy Policy.
11. APPLICABLE LAW AND JURISDICTION
The CUSTOMER and DECOROOM shall elect domicile for the performance of these General Terms and Conditions at their respective registered offices.
These general terms and conditions shall be governed by Belgian law. In the event of any dispute, the courts of Brussels shall have exclusive jurisdiction. It is expressly agreed that only the courts of Brussels shall have jurisdiction to hear any dispute relating to the interpretation and performance of this Agreement, the CUSTOMER waiving any other jurisdiction it may have.