Terms and Conditions

 

1- Definitions and applicability

1.1 In these Terms of Use the following terms are used, always capitalized and used in both singular and plural. These terms have the following meanings:

    1. Account: the profile of the User that he can register and which can be used to access and use the Service.
    2. Agreement: the agreement entered into between Parties for the use of the Service and/or the lease of the Object, including the Subscription and these Terms of Use.
    3. App: the mobile application of Lessor, as made available in the Appstore.
    4. Appstore: the online store for applications, in which the App is made available by Lessor, such as Apple’s App Store (iOS) and Google Play (Android).
    5. Batterybox Docking Station: the device owned by Lessor, where the Object can be leased by SMS or through the App (QR code).
    6. End Date: the date on which the Subscription ends.
    7. Lessor: the private company with limited liability Batterybox B.V. under Dutch law, located in Tilburg, 5017 HP, Tivolistraat 6, registered with the Dutch Chamber of Commerce number: 74225154.
    8. Object: the power bank(s) and/or any other (associated) objects made available to User on a lease basis by the Lessor.
    9. Party / Parties: Lessor and/or User.
    10. Service: the service made available by Lessor under the Subscription by means of a mobile application for use of the Object by User in accordance with the Terms of Use and the Agreement. In this case, this means a particular Subscription that the User has concluded with Lessor.
    11. Subscription: the subscription form agreed within the Agreement between Lessor and User for the use of an Object. The following subscription forms are possible:
      1. Free trial (24 hours, free trial);
      2. Lease via App (per 24 hours);
      3. Lease by SMS (by the hour);
      4. Monthly Subscription (unlimited);
      5. Annual Subscription (unlimited).
    12. Terms of Use: the present Terms of Use, which form an inseparable part of the Agreement.
    13. User: any person who enters into the Agreement with Lessor and/or leases the Object from Lessor.
    14. Website: the website of Lessor, accessible at https://www.batterybox.nl, including all underlying webpages.

1.2 These Terms of Use have been prepared in Dutch and are translated into English. In case of a dispute between different versions of these Terms of Use, the Dutch version shall have precedence and must be interpreted in accordance with Dutch law.

1.4 Any terms and conditions of the User, such as general terms and conditions, purchasing conditions or leasing conditions do not apply and are expressly rejected.

1.5 These Terms of Use apply to all existing and future agreements between the Parties.

1.6 It is possible that after the conclusion of the Agreement it turns out that Objects cannot be leased in accordance with what was agreed. In that case, the Lessor shall inform the User thereof. In that case, Parties have the right to terminate the Agreement free of charge and without being obliged to pay any compensation or damages. The Parties are, however, obliged to make efforts to find a solution or alternative together.

1.7 The Terms of Use apply to all Objects which User leases from Lessor and to all Services which User obtains from Lessor. By using Objects and/or Services, User agrees to the Terms of Use and declares that User is bound by them.

1.8 Lessor reserves the right to amend the Terms of Use at any time. The most recent version of the Terms of Use will always apply and can be found in the App and on the Website.

2- User; use of the Service

2.1 User represents and warrants to have full legal capacity, be at least 18 years of age, and to be authorized to use the Service by entering into a Subscription.

2.2 User declares to make use of the Service only personally and User is solely responsible for compliance with the Terms of Use. Use of the Service by anyone other than User is not permitted, except where such use is expressly permitted in the Agreement.

3- Account registration

3.1 In order to use the Service, User must register an Account. To register an Account, User must use a valid telephone number, a valid email address and the correct personal information. User represents and warrants that the information provided is correct and complete and that it will remain current, correct and complete during the use of the Service.

3.2 The User’s Account is strictly personal. User may not forward the Account or allow it to be used by anyone else, except as expressly authorized by Lessor.

3.3 Lessor reserves the right to close a User’s Account at any time if a User fails to comply with the Agreement. If User disagrees with such a decision, User may file a complaint, as further described in Article 16.1.

4- Account(security)

4.1 The User is responsible for the security of the Account, including but not limited to keeping secret (the combination of) username and password. User must log out after each session on the Website and/or in the App to ensure the security of the Account.

4.2 The User is fully responsible and liable for all actions taken through the Account. Lessor assumes that User is actually the one who logs in with the Account.

4.3 The User must contact the Lessor immediately if it suspects or detects any unauthorised use of its Account and/or Subscription. Lessor will close the Account (temporarily or otherwise) in such a case. User understands and agrees that Lessor cannot implement such a measuree immediately, but that it will do so within a reasonable time.

4.4 User agrees that:

  • he keeps the Account data, including the login data, for himself;
  • he does not allow third parties to access the Account; and
  • he accepts the terms and conditions for the chosen Subscription.

5- Use and maintenance of the Object

5.1 Lessor shall make commercially reasonable efforts to allow the User to use the Object. However, Lessor does not guarantee that the Object can be used by User at all times and without failures.

5.2 The Object is exclusively intended for charging cell phones. It is expressly forbidden to use the Object for any purpose other than charging cell phones and/or to use the Object (otherwise) in violation of applicable laws and regulations.

5.3 User shall manage the Object carefully and properly (with due care and diligence) and solely for the purpose and destination for which the Object is leased and in accordance with the nature of the Object.

5.4 User shall not alter the Object or have it altered or add something to it, neither as a whole nor in part. If User does so anyway, User shall undo and/or remove these changes and/or additions at the latest at the end of the lease period. If those changes and/or additions cannot be removed or undone without causing material damage to the functional capacities or the economic value of the Object, they shall become the property of the Lessor, without the Lessor being obliged to pay any compensation whatsoever for those changes and/or additions. Lessor may in such a case require User to compensate Lessor (in part) for the Object.

5.5 Defects in the changes and additions made to the Object by or on the instructions of the User, and all defects in the Object arising from those changes or additions, are not defects within the meaning of Section 7:204 of the Dutch Civil Code, and the User has no claim against the Lessor in that respect. The Lessor shall not be obliged to repair or maintain such defects.

5.6 User must at all times follow the instructions of the Lessor regarding the use of the Object.

5.7 In the event of suspected abuse of the Object, including but not limited to acting in breach of Articles 5.1 through 5.4 of these Terms of Use, the Lessor shall be entitled to revindicate the Object and terminate the lease period. Such a suspicion exists in any event if the Lessor receives a report of abuse or suspected abuse.

5.8 During the lease period User shall keep the Object operational. All parts delivered in connection with maintenance or repair shall become part of the Object and in each case the property of Lessor.

5.9 To enter into a Subscription, User is required to have a valid telephone number with a sufficient credit balance, subject to at least one (1) times the monthly Subscription fee.

5.10 After entering into a Subscription, the User needs to be connected to the internet (via WiFi or the mobile network) on their phone to be able to use the Service. By texting the code on the Batterybox Docking Station or scanning the QR code through the App, the Object is automatically issued by the system.

5.11 Prior to use of the Object, User shall inspect the Object for damage and defects, including but not limited to missing parts and battery capacity.

5.12 If there are any defects after the Batterybox Docking Station has issued the Object, User shall immediately notify the Lessor via support@batterybox.nl.

5.13 If User continues to use the Object despite established defects, as referred to in these Terms of Use, then User shall be solely responsible and liable for the damages suffered and to be suffered by use of the Object.

5.14 User is obliged to use the Object in a normal and thoughtful way. It is explicitly not allowed to cause damage to the Object.

5.15 At the expiry of the lease period, User shall return the Object in its original state to any Batterybox Docking Station. The Batterybox Docking Station recognizes the specific Object, with which the lease period is automatically terminated. Any damages, and the associated repair and/or replacement costs shall be charged to User.

5.16 The data generated by the Object and/or Service is leading in determining the lease period. For each Subscription the maximum lease period is 24 hours. If the Object is not inserted back in a Batterybox Docking Station within 48 hours, the Object shall be irrevocably registered as missing and the User shall owe a penalty in accordance with Article 10, regardless of whether the Object is later returned.

 

6- Ownership; right of inspection

6.1 The Object is and shall remain the property of Lessor. Parties assume that the Object is movable, regardless of the method of attachment and/or installation.

6.2 The User is not permitted to sell the Object, or to create a pledge or any other restricted right on it, or to give the Object, wholly or partly, in use to a third party under any title whatsoever, or to transfer its rights under the Agreement to a third party. User shall leave intact any registration marks affixed to the Object to indicate the Lessor’s right of ownership.

6.3 Lessor is entitled to inspect the Object, or have it inspected, at all times and to inspect all documents relating to the Object. User shall provide all reasonable cooperation to that regard.

7- Payments

7.1 The prices for the lease of the Object and/or the costs for Subscriptions are stated on the Website, in the App and/or in the communication sent to the User.

7.2 All prices stated are always inclusive of VAT, unless explicitly stated otherwise.

7.3 If the User wishes to enter into the ‘Free Trial’ or ‘Lease by SMS’ Subscription, then during the registration process the User must give a telephone number to which a sufficient credit balance is linked. It is not permitted to enter into the ‘Free Trial’ and/or ‘Lease by SMS’ Subscription if an insufficient credit balance is linked to the telephone number.

7.4 When concluding a Monthly and/or Annual Subscription, the User is obliged, in order to pay the subscription fees due, to grant the Lessor authorisation for a SEPA direct debit to the User’s bank account number. User hereby agrees to the fees being debited by SEPA direct debit.

7.5 When the Object and/or the Service is used by means of a coupon, then (in addition to these Terms of Use) the conditions applicable to the specific coupon shall apply.

7.6 If, as the case may be, the subscription or other fees cannot be debited to User, are blocked or are wrongfully reversed, Lessor shall be entitled (but not obliged) to terminate User’s access to the Service. However, the fees will continue to be payable by User. The Lessor will be entitled to send the User a digital or other invoice for that purpose or to try once again to debit the User by means of a SEPA direct debit. Payment of the (digital) invoice must, unless explicitly stated otherwise, be made by User within fourteen (14) days of the invoice date.

7.7 If the User does not meet his payment obligation(s) on time, he will be in default by operation of law. User will receive a reminder to pay the amount due within fourteen (14) days. If the amount due has not been paid within the period of fourteen (14) days, the User shall owe the statutory interest on the amount due and Lessor shall be entitled to engage a collection agency for the collection of the claim. In that case, the judicial or extrajudicial collection costs will be charged to the User. The extrajudicial collection costs will be calculated in accordance with the Dutch Extrajudicial Collection Costs Staffel (in Dutch: Staffel Buitengerechtelijke incassokosten (BIK)).

8- Credits

8.1 The User has the option of purchasing credits from the Lessor and thus paying for the Service in advance by way of credit (Subscription “Lease via App”).

8.2 A credit can be used to use the Object for a duration of 24 hours. If only a part of this duration (24 hours) is used, the credit expires completely. A credit is not divisible.

8.3 If User makes use of the Object for longer than 24 hours, another credit – if available – will automatically be debited to User. If a credit is not available, Lessor shall charge User for the amount due by User in another way.

8.4 Users have the right to share credits with third parties, under the conditions mentioned in the Agreement, on the Website and/or in the App.

8.5 User has the right to revoke the purchase of the credit within fourteen (14) days after the purchase of a credit, under the condition that the credit has not been used by User (right of withdrawal).

8.6 The User does not have the option of converting credits purchased by him and not used back into money (or having them converted back into money), subject to the provisions of the previous paragraph.

9- Subscription term and termination

9.1 The form and term of a Subscription will be agreed on the Website and/or in the App. If a Subscription “Lease by SMS” was chosen, the User will be charged for each hour an Object is leased, where part of an hour is considered a full hour. If a ‘Lease via App’ Subscription was chosen, User must purchase credits in advance prior to leasing the Object.

9.2 If a monthly or yearly subscription is chosen, the term of the Subscription is respectively a month or year to be calculated from the date agreed in the registration process. After the expiry of the term of one month or year respectively, the Subscription will automatically be renewed for the same period, unless the Subscription is terminated before the expiry of the term in accordance with these Terms of Use.

9.3 Both Lessor and User may terminate (in Dutch: “opzeggen”) the monthly or annual subscription towards the end of the term, subject to one calendar month’s notice.

9.4 In deviation from the provisions of the previous paragraph, User cannot terminate a Subscription during the lease of the Object. The Object will therefore first have to be returned to any Batterybox Docking Station, after which the lease will automatically be terminated and User can terminate the Subscription.

9.5 After termination, User has the right to continue using the Subscription until the notice period has expired (until the End Date). The costs applicable to the specific Subscription must be paid in full by User no later than the End Date.

9.6 User may undo its termination by notifying Lessor at support@batterybox.nl. Lessor will provide User with a written confirmation of such undoing.

9.7 In the event that the User fails to comply with an obligation it has towards the Lessor, or it appears that when entering into the Agreement the User withheld or misrepresented any facts or circumstances, to such an extent that the Lessor would not have entered into the Agreement or would have done so on different terms if it had known about them on time, or if a seizure is made of the User’s assets, or if the User loses free disposal of all or part of his assets in any other way, or a moratorium, debt rescheduling or bankruptcy has been applied for on the part of the User, or any security provided for the Lessor threatens to diminish in value, or other circumstances arise that may seriously impede or jeopardise the Lessor’s redress opportunities, all that which the User owes the Lessor will be immediately due and payable, and the Lessor shall be entitled to terminate the Agreement with immediate effect, without any further notice of default or judicial intervention being required. In the event of such termination, the Lessor may immediately take possession of the Object and may claim from the User such compensation as is necessary to indemnify Lessor in full. Such damages shall at least be equal to the amount of the total fees which the User would have been obliged to pay if the Agreement had remained in force, increased by the costs of taking back, storing and transporting the Object, without prejudice to the Lessor’s right to claim additional damages. User shall cooperate fully and unconditionally with the Lessor in taking/possessing the Objects.

10- Penalty; theft or loss

10.1 In case of theft or loss (which explicitly includes the situation that the Object is not returned within the maximum lease period) of the Object, the User is obliged to inform the Lessor of the theft or loss within 24 hours. If this does not happen within 24 hours, the User will owe a penalty to the Lessor. This penalty differs per Subscription (see Table 1). The penalty is without prejudice to the Lessor’s right to claim additional damages, such as the costs of replacing the Object.

Subscription Type Maximum Lease Time per Use Fine in case of loss / theft
Free trial 48 hours 24 hours x the applicable hourly rate for the use of the Object.
Lease by SMS 48 hours 24 hours x the applicable hourly rate for the use of the Object
Lease via App 48 hours € 39,-
Monthly subscription 48 hours € 39,-
Annual subscription 48 hours € 39,-

10.2 Without prejudice to the provisions of the preceding paragraph, the User must at all times report theft to the police and the User must provide the Lessor with a copy of this report.

11- Damage to the Object

11.1 Damage to a leased Object must be reported by User to Lessor within 24 hours of the damage occurring.

11.2 Lessor shall at all times have the right to inspect the Object for its condition. User is obliged to fully cooperate with the inspection.

11.3 If the Lessor can prove the damage, then it is considered that the damage was caused by the User who leases the Object at that time or – if the Object is not leased at that time – the User who last leased the Object, unless the relevant User proves that the damage already existed to the Object or was caused to the Object later.

11.4 The repair and/or replacement costs involved in the damage will be charged to the User who is responsible for the damage. The Lessor will provide the User with a proper substantiation of the repair and/or replacement costs.

12- Liability

12.1 User shall inspect the Object for damage and defects before taking it into use. If damage and/or defects are found, User shall not take the Object into use and shall immediately inform Lessor of the damage and/or defects.

12.2 If there is any doubt about the proper functionality of the Object, User should notify the Lessor immediately.

12.3 When the User has taken an Object into use, it is considered that User has taken into use a sound, well-functioning Object without defects and/or damage.

12.4 The use of an Object is entirely at the risk of User.

12.5 The Lessor’s liability for any damage resulting from an attributable failure to perform the Agreement, wrongful act or otherwise is excluded to the extent permitted by mandatory law.

12.6 Furthermore, the Lessor shall never be liable for any damage resulting from services provided by third parties, including but not limited to telecom, application management and data management, to the extent that this is permitted under mandatory law.

12.7 If, despite the foregoing, the Lessor is liable to the User for any damage, the Lessor’s liability will be limited to compensation of the direct damage per event (a series of successive events will be regarded as one event), up to a maximum of the amount paid out in the relevant case under the Lessor’s applicable liability insurance policy.

12.8 If, for whatever reason, no payment is made under the insurance referred to in the preceding paragraph, the Lessor’s liability will be limited to compensation of the direct damage up to twice the amount (excluding VAT) that the User paid the Lessor for the Service in the year preceding the event giving rise to the damage. In all cases, the Lessor’s liability will be limited to an amount of €5,000.

12.9 Direct damage shall mean only:

  • damage to physical objects;
  • reasonable and demonstrable costs to ensure that the Lessor complies with the Agreement;
  • reasonable and demonstrable costs to establish the cause and extent of the direct damage, as referred to in this Article; and
  • reasonable and demonstrable costs incurred by the User to limit the direct damage referred to in this Article.

12.10 Any liability of Lessor for indirect damage is excluded. Indirect damages are all damages that are not direct damages, including but not limited to consequential damages, lost profits, lost savings, reduced goodwill, downtime damages, failure to meet marketing requirements, damages resulting from the use of data, or loss, damage or destruction of data, to the extent permitted by mandatory law.

12.11 The limitations referred to in the preceding paragraphs of this Article will not apply if and insofar as the damage is the result of intent or gross negligence on the part of the Lessor or its managers.

12.12 Unless performance of the Agreement by the Lessor is permanently impossible, the Lessor’s liability on account of attributable failure to perform the Agreement will arise only if the User gives the Lessor notice of default, setting a reasonable term for remedying the failure, and the Lessor fails attributably to perform its obligations under the Agreement even after that term.

12.13 Any claim for compensation by the User against the Lessor that has not been expressly and in detail reported shall lapse upon the expiry of twelve (12) months from the date on which the cause of the damage occurred.

13- Right of withdrawal

13.1 User agrees that the Agreement qualifies as an agreement to provide a service.

13.2 User agrees that Lessor will immediately begin full delivery of the Service after entering into a Subscription and/or the Agreement.

13.2 If User is a consumer, then, except as otherwise provided in these Terms of Use, he waives his revoking rights (right of withdrawal).

14- Changes

14.1 The Lessor has the right to change the conditions of the Agreements, including but not limited to (the rates of) the Subscriptions. Changes will be announced two (2) months in advance via email and/or in the App and/or on the Website. If User does not wish to accept a change, User may terminate the Agreement by the effective date of the change.

14.2 The Lessor is entitled to make changes to the Website and/or the App at any time. The changes may require the User to download a new version of the App in order to use or continue to use the Service.

15- Privacy

15.1 The Lessor considers it important to protect personal data, including those of Users, properly. The manner in which the Lessor does this can be read in the Privacy Statement on the Website.

16- Complaints, applicable law and disputes

16.1 For questions, complaints or other matters, the User can contact the Lessor’s customer service department. This can be reached by email: support@batterybox.nl and by telephone on +31 6 10 08 77 89.

16.2 The Agreement, these Terms of Use and all legal acts and disputes arising therefrom shall be governed exclusively by Dutch law. The applicability of the Vienna Sales Convention 1980 is excluded.

16.3 Insofar as the rules of mandatory law do not provide otherwise, all disputes arising from this Agreement and/or these Terms of Use will be exclusively settled by the competent court of the District Court of Zeeland-West-Brabant in Breda.

Version 2.0 May 2022