Article 1 - Definitions
In these terms and conditions shall apply:
• Subscription: the agreement between Swaptop and Renter for the use of the Laptop
by Tenant as well as any other agreement between Swaptop and Tenant;
• General Terms and Conditions: these general terms and conditions of Swaptop BV that apply
on every Subscription;
• Reflection period: the period within which the Tenant can exercise his right of withdrawal;
• End Date: the date on which the Subscription ends;
• Right of withdrawal: the possibility for the Tenant to cancel the contract within the cooling-off period
Subscription;
• Tenant: any natural person and/or legal entity who has a Subscription with Swaptop
close;
• Laptop: the laptop made available to the Tenant by Swaptop under the Subscription
laptop for use by Tenant in accordance with these General Terms and Conditions;
• Remote Access: the ability for Swaptop to, with prior permission from the
Tenant, to remotely access the Laptop in order to perform a Swap;
• Swap: free resolution of problems caused by normal use and wear and tear of the
Renter's Laptop, by repair, whether or not via Remote Access, or by exchanging
the Laptop for another Laptop;
• Swaptop: Swaptop BV, for detailed contact details, see article 2
Article 2 – Swaptop address and contact details
Swaptop BV
Tinus van der Sijdestraat 20a
5161CD Sprang-Capelle
Email address: service@swaptop.nl
Chamber of Commerce: 80544207
VAT identification number: NL861709470B01
Article 3 - Applicability
1. These General Terms and Conditions apply to every offer from Swaptop and to every
Subscription between Swaptop and Tenant.
2. Agreements between Swaptop and Tenant that deviate from or supplement these General Terms and Conditions
Conditions are only valid if they have been expressly confirmed in writing by
Swap top.
3. If one or more provisions in these General Terms and Conditions are at any time completely
or prove to be partially null and void or destroyed, the Subscription and this
General Terms and Conditions shall otherwise remain in force and the relevant provision shall be mutually agreed
consultation shall be replaced without delay by a provision that reflects the scope of the
original provision as closely as possible.
4. Situations that are not covered by these General Terms and Conditions or ambiguities regarding the
explanation or content of one or more provisions of these General Terms and Conditions, must be
will be assessed 'in the spirit' of these General Terms and Conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions,
this is explicitly stated in the offer.
2. Any offer made by Swaptop is without obligation. Swaptop is at all times entitled
to change and/or adjust an offer. All prices mentioned in an Offer
are subject to printing, typing and typing errors.
3. Obvious mistakes and obvious errors in an offer, including expressly
Printing, typesetting and typing errors do not bind Swaptop.
4. All images, prices, specifications and/or data stated in an offer are for information purposes only.
indications do not bind Swaptop and cannot give rise to compensation or
termination of a Subscription. Although Swaptop strives to provide reasonable
to use images that provide a true representation of the Laptops offered
Swaptop cannot guarantee that the colors displayed will exactly match
the actual colors.
Article 5 – Subscription
1. The Tenant will be provided with a Laptop for the duration of the Subscription, as well as the
any accessories desired by the Tenant and offered by Swaptop and
software(licenses).
2. Subject to the provisions of paragraph 5, a Subscription is concluded at the time
of acceptance by the Tenant of the offer and compliance with the conditions set by it
Swaptop terms and conditions.
3. After the Tenant has accepted the offer, Swaptop will confirm receipt of the
acceptance of the offer. As long as Swaptop has not received this acceptance,
confirmed, the Tenant can still cancel the Subscription free of charge.
4. Swaptop is entitled – to the extent permitted by law – to conduct research in order to
can determine whether the Tenant can (continue to) meet his payment obligations,
as well as all those facts and factors that are important for a responsible conclusion or
continue a Subscription. If Swaptop has good reason to continue a Subscription based on this investigation
has decided not to enter into or no longer continue the Subscription, Swaptop is
entitled to refuse or terminate a Subscription on the grounds stated, or
to attach special conditions to its implementation.
5. Each Subscription is entered into subject to the suspensive conditions of sufficient
availability of the relevant Laptop and/or accessories and software (licenses).
6. The Subscription entitles the Renter to an unlimited number of free Swaps, provided that the
conditions for a Swap have been met.
7. The Laptop may be provided with a name or advertising message from Swaptop. It is
Tenant is not permitted to make such a mention of Swaptop's name or advertising statement.
to remove. When the name or advertising message is damaged, or even
has completely disappeared from the Laptop, the Tenant is obliged to immediately inform Swaptop of this.
...
Article 6 – Reflection period and right of withdrawal
1. After entering into a Subscription, the Tenant (if a consumer) has a
Fourteen-day cooling-off period. The right of withdrawal only applies to standard
webshop orders and not custom work.
2. If the Tenant exercises the Right of Withdrawal within the Reflection Period, the
Subscription terminated immediately. If the Tenant uses the
Right of withdrawal After the Laptop has been delivered to the Renter, Swaptop is entitled to
reimbursement of return shipping costs and/or administration costs.
3. The right of withdrawal does not apply, whether or not at the request of the Renter, to the Laptop
Installed software (licenses), nor administrative and/or shipping costs, are non-refundable.
4. If the Tenant has already paid an amount before exercising the Right of Withdrawal,
Swaptop paid, Swaptop will refund this amount, possibly after settlement with the
return shipping and administration costs and the costs of software (licenses) put into use, as soon as possible
possible, but no later than 14 days after Cancellation, refund, provided that the Laptop is returned at that time
moment has already been received back by Swaptop.
Article 7 – Subscription terms
1. The tenant uses the laptop normally and takes good care of it as a good father would.
Laptop.
2. The Laptop is intended solely for personal use by the Renter. The Renter is not
permitted to rent or allow third parties to use the Laptop.
3. The Tenant must have a SEPA bank account number belonging to the Tenant.
4. The Laptop and accessories supplied by Swaptop to the Tenant remain at all times
property of Swaptop. The Tenant is not permitted to use any of the assets for the benefit of a third party.
to establish or grant a (security) right on the Laptop.
5. The Tenant is personally liable for compliance with and observance of the Subscription and this
Terms and Conditions.
6. The Tenant is responsible for communicating any changes to the Rental Agreement submitted by the Tenant in a timely manner.
Swaptop provided data, such as a new address, email address or bank account number.
7. The Tenant may not make any changes to the Laptop that cannot be made without damaging it.
the Laptop can be removed. The Tenant is expressly not permitted to remove the Laptop
Swaptop installed software, and in particular software intended for updates,
maintenance, Remote Access and tracking in case of loss or theft, to render unusable and/or to
remove.
8. Tenant must be 18 years or older and have legal capacity to take out a subscription.
Minors can only have a parent or guardian take out a subscription for them.
Article 8 – Swapping
1. From the moment the Tenant reports a defect in the Laptop to Swaptop via
email (service@swaptop.nl) or telephone (085 – 048 3104) Swaptop strives to
defect as soon as possible and within 72 hours to be remedied via Remote Access. If there is
of hardware problems, or other problems that cannot be solved via Remote Access
If the problem is resolved, the laptop will be exchanged for an identical or at least equivalent laptop.
If a Laptop needs to be exchanged, the Renter must return the Laptop to Swaptop
return at a time and place to be specified by Swaptop, including, where possible,
any security codes required to access the Laptop
and/or passwords. Swaptop aims to provide the Tenant with the following information within 72 hours of receipt of the
returned Laptop, to provide an identical or at least equivalent Laptop. The
The 72 hour target period commences when the Laptop is received by Swaptop.
2. If the target times stated in Article 8.1 are not met, the Tenant cannot
any claim for compensation or reimbursement may be made.
3. When Tenant wrongly requests a Swap or is not present or available at
the agreed time and place for the Swap, Swaptop has the right to charge EUR 30 for costs incurred.
4. Swaps only take place in the event of a defect during normal use of the Laptop,
Loss or theft of the Laptop. The Renter is not entitled to a Swap if any defect is not the result of normal use or normal wear and tear, or if the loss or theft of the Laptop is seriously attributable to (the actions or omissions of) the Renter.
Article 9 – Theft, loss and damage
1. In the event of loss or theft of the Laptop and/or any accessories, the Renter is
obliged to report this to Swaptop within 24 hours, to provide Swaptop with any security codes and/or passwords required to obtain access and
Swaptop, at Swaptop's first request, to provide all necessary information and cooperation for filing a report. In the event of loss or disappearance, the Renter is liable for a deductible equal to the Subscription Price for twelve months. The Renter will receive a replacement Laptop from Swaptop after the report has been completed and the deductible has been paid.
2. If the Renter fails to report the loss or theft of the Laptop, or fails to report it in a timely manner, if the Renter fails to provide Swaptop with the security codes and/or passwords required to gain access, or if the loss or theft is largely attributable to the Renter, the Renter shall owe Swaptop compensation at least equal to the value of the Laptop.
3. If any parts of the Laptop or any accessories are missing or stolen, Swaptop has the right to charge the Renter, at its own discretion, either a deductible equal to the Subscription Price for three months or the value of the missing parts or accessories.
Article 10 – Damage and maintenance
1. Damage to the Laptop caused by vandalism or as a result of malware, viruses and
Any other malicious software that has ended up on the Laptop in any way and cannot be easily removed by the Renter himself, must be reported to Swaptop by the Renter within 24 hours.
2. Swaptop has the right to perform periodic maintenance on the Laptop and the software present on it via Remote Access, and to simultaneously check the Laptop for its condition. The Renter is obliged to cooperate with such maintenance and checks by Swaptop.
3. In the event of damage and wear to the Laptop other than that expected through normal use, as determined by Swaptop, Swaptop reserves the right to recover the costs thereof from the Renter, with a maximum of twelve times the monthly subscription amount.
4. In the event of damage caused by (contributory) negligence of a third party, the Tenant is obliged to provide Swaptop with the contact details of this third party and a brief description of the event causing the damage. If no contact details of the (contributory) third party can be provided, the liability for the damage incurred rests entirely with the Tenant.
Article 11 – Failure to comply with obligations
1. Swaptop has the right to terminate or cancel the Subscription in whole or in part with immediate effect by means of a written notice to the Tenant, if:
– Tenant is in default of fulfilling his obligations under the Subscription;
– the Tenant's bankruptcy is requested, or the Tenant is declared bankrupt;
– Tenant is placed under guardianship or is admitted to the debt settlement scheme for natural persons;
– Tenant uses the Laptop in violation of the provisions of these General Terms and Conditions;
– the Laptop or other goods of the Tenant are seized at the expense of the Tenant
and this adversely affects the fulfillment of its obligations under the Subscription;
– In the opinion of Swaptop, the Tenant abuses the service offered by Swaptop, in particular the right to Swap;
– Tenant deliberately provides incorrect information to Swaptop, or;
– The Tenant must otherwise reasonably be deemed no longer able to fulfil the obligations under the Subscription.
2. Swaptop has the right to block the laptop from use by the tenant in the event of failure to comply with obligations as described in Article 11.1.
3. The Tenant has the right to terminate the Subscription with immediate effect if Swaptop has repeatedly and/or seriously failed to fulfil its obligations as described in the General Terms and Conditions.
4. If the tenant does not return the laptop to Swaptop within 14 days after termination of the Subscription, the tenant will be held liable for an amount based on twelve times the tenant's monthly amount + €50 administration costs.
Article 12 - The price
1. All amounts stated by Swaptop, including the prices stated in an offer for a Subscription, are inclusive of VAT (unless stated otherwise).
2. Swaptop reserves the right to change the prices of a Subscription.
3. Price increases within 3 months after concluding a Subscription are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after concluding a Subscription are only permitted if Swaptop has notified the Tenant of this at least one month before the effective date. The Tenant is entitled to refuse the price increase in writing within two weeks after the date of notification of the price increase by Swaptop. The Subscription will then end with effect from the day on which the price increase would take effect.
5. Tenant can change the Subscription to a more expensive Subscription free of charge and Swaptop will arrange a free Swap by appointment, by exchanging the Laptop for a Laptop that fits the new Subscription. If Tenant wants to change the Subscription to a cheaper Subscription within six months after the start of a Subscription, Swaptop has the right to charge a one-off delivery fee of EUR 30 for this.
Article 13 - Payment
1. When concluding a Subscription, the Tenant is obliged to have an authorization for automatic collection of the monthly costs of the Subscription and other costs due, including any deductible due, from the account number specified by the Tenant.
2. For additional costs that the Renter owes Swaptop at any time, for whatever reason, Swaptop will send an invoice to the Renter. If the invoice relates to the costs of repairing the Laptop for reasons other than in the context of a Swap, Swaptop is entitled, if Swaptop has possession of the Renter's Laptop at that time, to retain possession of the Laptop until the invoice has been paid by the Renter.
3. If the subscription or other costs cannot be debited or if amounts paid to Swaptop are wrongly reversed by the Tenant, the Tenant will be in default by operation of law. The Tenant will then receive a reminder to pay the amount due within fourteen days, plus an administration fee of EURO 10,00. If the amount due is subsequently not paid by the Tenant within fourteen days, Swaptop has the right to terminate the Subscription with immediate effect and/or to engage a collection agency. All costs involved in this will be borne by the Tenant.
4. The Tenant has the obligation to report any inaccuracies in payment details provided or stated to Swaptop without delay.
Article 14 - Delivery and execution
1. Swaptop will exercise the utmost care when concluding and executing Subscriptions with Tenants. Swaptop strives to deliver the corresponding Laptop to Tenant within three working days after concluding a Subscription, unless a longer delivery period has been agreed with Tenant.
2. Delivery of the Laptop will take place at the address that the Renter has made known to Swaptop.
3. All delivery times are indicative. The Renter cannot derive any rights from any stated terms. Exceeding a term does not entitle the Renter to compensation. If delivery of a Laptop, after commencement of a Subscription, proves impossible within three days (or the agreed different delivery term), Swaptop will inform the Renter of this. If Swaptop is subsequently unable to deliver the Laptop within three days, the Renter has the right to terminate the Subscription without charge.
4. In the event of termination of a Subscription by the Tenant in accordance with paragraph 3 of this article 14, Swaptop will refund any amount that the Tenant may have already paid as soon as possible, but no later than 14 days after termination of the Subscription.
5. If delivery of the Laptop that belongs to a Subscription proves impossible, Swaptop will make an effort to provide a replacement Laptop with equivalent or better specifications. Prior to delivery, it will be stated in a clear and comprehensible manner that a replacement Laptop is being delivered. The Renter has the right to refuse delivery of a replacement Laptop and to terminate the Subscription with immediate effect. If the Renter takes receipt of the Laptop, the Renter is deemed to have agreed to the replacement Laptop delivered by Swaptop and the Subscription is deemed to apply to the delivered Laptop from that moment on.
Article 15 – Duration, termination and extension
Memberships
1. Subscriptions are entered into for an indefinite period, with a minimum term of 3 months, unless a different minimum term has been expressly agreed between Swaptop and the Tenant.
2. The Tenant may cancel a Subscription entered into for an indefinite period at any time, taking into account the agreed cancellation rules and a notice period of one month.
3. From the day that the cancellation of the Subscription is received by Swaptop, the Subscription will continue until the End Date, the last day of the period following the month in which the cancellation of the Subscription is received by Swaptop.
For example: your subscription was taken out on January 20 and you send us a cancellation on May 1.
Then the laptop must be received at our location before May 20th, is the laptop at our location after May 20th? Then your subscription will automatically be extended for another month and will stop on June 20th.
4. The Tenant may terminate a Subscription entered into for a fixed term at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of one month.
5. A Subscription entered into for a fixed period will be tacitly extended and converted into a Subscription for an indefinite period after the fixed (term) period has expired, unless the Tenant terminates it in good time.
6. Cancellations can only be sent in writing (including by email) to Swaptop via service@swaptop.nl.
7. During the period between the termination and the End Date, the Tenant has the right to use the Laptop and the obligation to pay the costs of the Subscription.
8. The Laptop, including any accessories, must be returned to Swaptop by the Renter no later than the End Date, including, to the extent possible, any security codes and/or passwords required to obtain access.
9. If the Laptop is returned by the Renter prior to the End Date, all rights of the Renter under the Subscription will terminate, without prejudice to the Renter's obligation to pay the full costs of the Subscription up to the End Date.
10. Before the Laptop is returned to Swaptop, the Renter can cancel the cancellation at any time and reactivate the Subscription by sending an email to Swaptop.
11. If the Tenant wishes to take out a new Subscription within three months after the End Date of the Subscription, a start-up fee of EUR 50 will be charged.
12. If the Laptop, including any accessories, is not transferred to Swaptop by the Renter by the End Date, the Renter will owe a fine of EUR 10 per day until the Laptop has been transferred to Swaptop or the Subscription has been reactivated, with a maximum of ten days.
13. If the Laptop, including any accessories, is not transferred to Swaptop within seven days after the End Date and the Subscription is not reactivated, Swaptop will report theft by the Renter. In that case, the Renter is also obliged to compensate Swaptop for the damage suffered.
Article 16 – Liability and compensation
1. Swaptop is only liable for shortcomings attributable to Swaptop due to intent or gross negligence on the part of Swaptop.
2. Swaptop may only be liable if Swaptop has not been able to resolve a defect by means of a Swap and the Tenant has informed Swaptop of this by e-mail and has given Swaptop a reasonable period of time to resolve the defect by means of a Swap.
3. Any obligation of Swaptop to pay damages is in all cases limited to a maximum of the total amount that the Tenant owed to Swaptop for the Subscription during one year, or if the Subscription has run for less than one year, the term of the Subscription, and in all cases only if the Tenant has paid the costs of the Subscription to Swaptop.
4. Swaptop is under no circumstances obliged to compensate for immaterial and indirect damage, such as consequential damage, business damage, damage to image, environmental damage and damage due to loss of time, loss of savings, loss of data and/or loss of financial benefit.
Article 17 – GDPR information obligation passage
''When you wish to become a customer, we will provide your data to Economic Data Resources BV (EDR Business Information). Based on this data, EDR Business Information will provide advice on the creditworthiness of the company and, if necessary, investigate contact details and relevant comments regarding the management/board of the company. If you wish to make or request information about the use of your personal data by EDR Business Information, see: https://www.edrcreditservices.nl/privacy-statement/. ''
Article 18 – Creditworthiness
1. When you wish to become a customer, we will provide your data to Economic Data
Resources BV (EDR). EDR will provide advice on your creditworthiness based on this information. EDR uses your information to investigate your creditworthiness and contact details. If you wish to object or request information about the use of your personal data by EDR, see https://www.edrcreditservices.nl/privacy-statement/
Article 19 - General
1. Changes to the General Terms and Conditions will be made at least one month prior to the
effective date announced by means of a notice on the website www.swaptop.nl and by e-mail to Tenant.
2. Swaptop has the right at all times to transfer its claims on the Tenant, for whatever reason, to third parties.
Article 20 – Privacy
1. Swaptop considers it important to protect the personal data of Tenants. How Swaptop does this is described in the Privacy Statement. This can be consulted via https://swaptop.nl/privacyverklaring/. For questions or comments about this, you can contact us via service@Swaptop.nl.
Article 21 - Disputes
1. Subscriptions and these General Terms and Conditions are exclusively governed by Dutch law. Even if the Tenant resides abroad.
Article 22 – Automatic debit Twikey
If you choose an online direct debit or sign a contract digitally, you will be referred to our partner Twikey to sign the authorization or contract. By using this service, you agree to the General Terms and Conditions of Twikey. Consult here the general terms and conditions of Twikey.
